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 pizzeria/café, failed to demonstrate its continuing ability to pay the proffered wage of $26,145.60 annually, starting from the priority date. The petitioner did not provide evidence that it had already paid the beneficiary the full wage, and its net income on federal tax returns was insufficient to cover the salary.

Criteria Discussed

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