EB-3 Dismissed — Automotive Repair: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The director and the AAO found that the petitioner's financial documents, including federal tax returns from 2001-2003, showed insufficient net income and negative net current assets to cover the wage. Evidence of paying the beneficiary the required salary in 2004 did not establish the ability to pay for the entire period since the 2001 priority date.

Criteria Discussed

Sign up free to download the original PDF