dismissed
EB-3
dismissed EB-3 Case: Meat Processing
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
Ability To Pay Proffered Wage
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