EB-3 Dismissed — Telecommunications (2006): 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 tax returns showed insufficient net income or net current assets to cover the salary. The AAO rejected the petitioner's arguments to add depreciation, amortization, and end-of-year cash to the calculation of available funds.

Criteria Discussed

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