dismissed
EB-3
dismissed EB-3 Case: Food Service
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage of $74,870.65 per year. The director's decision was upheld because the petitioner's corporate tax returns showed insufficient net income in the years following the priority date ($462 in 2002 and $3,425 in 2003). The AAO affirmed that net income is the proper measure for determining ability to pay, not gross receipts or other financial figures.
Criteria Discussed
Ability To Pay Proffered Wage
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