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

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

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