EB-3 Dismissed — Restaurant: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's net income in 2003 ($4,598) was insufficient to cover the beneficiary's proffered wage ($12,688). The AAO rejected the petitioner's argument to add back depreciation to the net income, citing legal precedent that net income as shown on tax returns is the proper measure.

Criteria Discussed

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