EB-3 Dismissed — Food Service: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the proffered wage from the priority date onward. The petitioner's net income, as shown on its federal tax returns for 2001, 2002, and 2003, was less than the proffered annual wage of $24,440. The AAO rejected the petitioner's argument that depreciation should be added back to the net income for this calculation, citing established legal precedent.

Criteria Discussed

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