EB-3 Dismissed — Fashion Design (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 the relevant years showed a net loss or minimal net income, which was insufficient to cover the proffered annual wage of $64,821.84. The AAO also rejected the petitioner's argument to add back depreciation to income for the purpose of calculating its ability to pay.

Criteria Discussed

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