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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. An analysis of the petitioner's tax returns from 2001 through 2003 showed that the company's taxable income was consistently below the proffered annual wage of $58,240. The petitioner also failed to demonstrate sufficient net current assets to cover the wage deficit.

Criteria Discussed

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