EB-3 Dismissed — Food Service (2008): 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. The petitioner refused to provide the required primary evidence, such as federal tax returns or audited financial statements, citing confidentiality concerns. The alternative evidence submitted, such as bank statements and another employee's W-2s, was deemed insufficient to satisfy the regulatory requirements.

Criteria Discussed

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