EB-3 Dismissed — Dry Cleaning (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 federal tax returns showed significant net losses for the relevant fiscal years, which were insufficient to cover the wage. The AAO affirmed the director's decision, rejecting the petitioner's argument that depreciation should be added back to net income for the purposes of this analysis.

Criteria Discussed

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