EB-3 Dismissed — Food Service (2023): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate its ability to pay the proffered wage from the priority date. The proprietor's federal tax returns for 2019, 2020, and 2021 showed income insufficient to cover the proffered wage, and the petitioner did not resolve inconsistencies in the record or provide sufficient corroborating evidence of financial viability.

Criteria Discussed

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