EB-3 Dismissed — Automotive (2006): 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 petitioner's tax returns for 2000, 2001, and 2002 showed net income (or loss) significantly below the required wage of $38,188.80 per year. The petitioner's arguments regarding its bank statements and assets were insufficient to overcome the evidence presented in its tax returns.

Criteria Discussed

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