EB-3 Dismissed — Food Service: 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 net income, as shown on its tax returns for 2003 and 2004, was insufficient to cover the beneficiary's annual salary of $12,688. The AAO rejected the petitioner's arguments to consider depreciation or the owner's personal income, citing precedent that net income is the proper basis for this determination.

Criteria Discussed

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