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

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship operating a residential treatment center, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The director determined that the sole proprietor's adjusted gross income, as shown on tax returns, was insufficient to cover both household living expenses and the beneficiary's salary. The AAO found the petitioner's arguments on appeal, which involved adding back non-cash deductions to income, to be unpersuasive.

Criteria Discussed

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