dismissed
EB-3
dismissed EB-3 Case: Car Wash Equipment
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. Analysis of the petitioner's federal tax returns over several years showed its net income or net current assets were insufficient to cover the beneficiary's salary. The petitioner's argument to add back depreciation expenses to its income was rejected as it did not prove those funds were actually available to pay the wage.
Criteria Discussed
Ability To Pay Proffered Wage Net Income Net Current Assets Depreciation
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