EB-3 Dismissed — Food Service (2005): 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. An analysis of the petitioner's tax returns showed that its net income and net current assets for the relevant years were insufficient to cover the beneficiary's salary. The petitioner also did not provide evidence that it had already employed and paid the beneficiary the full proffered wage.

Criteria Discussed

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