dismissed
EB-3
dismissed EB-3 Case: Food Service
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
Ability To Pay Proffered Wage
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.