EB-3 Dismissed — Painting (2006): did not establish a continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from the priority date. The wages actually paid to the beneficiary were significantly lower than the proffered wage, and the petitioner's net income, as shown on tax returns, was insufficient to cover the shortfall. The petitioner's argument to add back depreciation was rejected based on established precedent.

Criteria Discussed

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