EB-3 Dismissed — Janitorial Services: 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 in 2001 and 2002, as shown on its tax returns, was significantly less than the required salary. The AAO affirmed that net income, not gross receipts, is the proper measure for determining the ability to pay.

Criteria Discussed

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