EB-3 Dismissed — Welding (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, an iron workshop, failed to establish its continuing ability to pay the proffered wage to the beneficiary, a combination welder. The AAO affirmed the director's decision, finding that the petitioner's net income on its tax returns was insufficient and that arguments to consider gross income or add back depreciation were contrary to established legal precedent.

Criteria Discussed

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