EB-3 Dismissed — Childcare (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a preschool childcare center, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The AAO determined that the petitioner's net income of $9,956 in 2001 was insufficient to cover the proffered annual wage of $35,006.40. The AAO also rejected the petitioner's arguments to prorate the wage or to add depreciation back to the net income when calculating ability to pay.

Criteria Discussed

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