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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage from the priority date onwards. The petitioner's financial evidence, primarily its corporate tax returns, did not show sufficient net income or assets to cover the required salary. The AAO also noted that the personal assets of the corporation's owner could not be considered to satisfy the petitioner's financial obligation.

Criteria Discussed

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