dismissed
EB-3
dismissed EB-3 Case: Luggage Repair And Shipping
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
Ability To Pay Proffered Wage
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