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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's corporate tax returns from 2001 through 2004 showed either a net loss or a net income substantially below the proffered annual wage of $31,200. The AAO rejected the petitioner's arguments to consider gross income or add back non-cash expenses like depreciation, affirming that net income is the proper measure of ability to pay.

Criteria Discussed

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