EB-3 Dismissed — Restaurant: 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 2004 tax return showed a net income of $10,412, which was insufficient to cover the annual proffered wage of $23,400. The AAO rejected the petitioner's arguments that depreciation should be added back to net income, citing legal precedent that relies on the net income figure from tax returns.

Criteria Discussed

Sign up free to download the original PDF