EB-3 Dismissed — Food Service (2016): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The petitioner's tax returns showed that neither its net income nor its net current assets were sufficient to cover the wage. The petitioner's arguments to combine these figures or to prove ability based on wages paid to a former employee were rejected due to a lack of supporting evidence and legal precedent.

Criteria Discussed

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