EB-3 Dismissed — Luggage Repair And Shipping (2006): 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 onward. The petitioner paid the beneficiary less than the proffered wage and its corporate tax returns showed a negative net income for multiple relevant years, which was insufficient to cover the salary deficit. The AAO rejected the petitioner's argument to add back depreciation to the net income, citing established legal precedent.

Criteria Discussed

Sign up free to download the original PDF