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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage starting from the priority date. The petitioner's 2002 federal tax return showed a net loss of $66,404, which was insufficient to cover the proffered annual wage of $24,523.20. The additional evidence submitted on appeal did not overcome this deficiency.

Criteria Discussed

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