EB-3 Dismissed — Food Service: did not establish its financial ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its financial ability to pay the proffered wage from the priority date. The petitioner's tax returns revealed insufficient net income and net current assets, and its argument to use salaries already paid to its owner or other employees was rejected as those funds were not considered available.

Criteria Discussed

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