dismissed
EB-3
dismissed EB-3 Case: Culinary
Decision Summary
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage to the beneficiary, a restaurant cook, starting from the priority date. The evidence showed that the wages actually paid to the beneficiary were significantly less than the proffered amount, and the petitioner's net income, as shown on its corporate tax returns, was insufficient to cover the difference.
Criteria Discussed
Ability To Pay Proffered Wage
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