EB-3 Dismissed — Meat Processing: did not establish the ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The AAO determined that the petitioner's net income, as reflected on its federal tax returns, was insufficient to cover the difference between the proffered wage and the wages already paid to the beneficiary. The petitioner's argument to add back depreciation to the net income was rejected, consistent with established legal precedent.

Criteria Discussed

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