EB-3 Dismissed — Automotive Repair (2006): did not establish its ability to pay the beneficiary the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary the proffered wage from the priority date onwards. The AAO analyzed the petitioner's federal tax returns and found that neither its net income nor its net current assets were sufficient to pay the required salary in the years 2001, 2002, and 2003. The petitioner also failed to provide evidence that it had previously employed and paid the beneficiary at or above the proffered wage.

Criteria Discussed

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