EB-3 Dismissed — Landscaping (2007): 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 from the priority date. The AAO found that the petitioner's net income, as shown on its tax returns, was insufficient to cover the wage, and it rejected the petitioner's argument that non-cash expenses like depreciation should be added back to the net income for this calculation.

Criteria Discussed

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