EB-3 Dismissed — Machine Repair: 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 petitioner's federal tax returns for 2002 and 2003 showed net income and a net loss, respectively, that were insufficient to cover the beneficiary's required salary. The AAO affirmed the director's reliance on net income as the primary measure of financial ability, rejecting the petitioner's argument to add back non-cash expenses like depreciation.

Criteria Discussed

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