EB-3 Dismissed — Car Wash Equipment: 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. 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

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