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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage, as required by 8 C.F.R. § 204.5(g)(2). The petitioner did not provide its federal income tax returns, and the submitted financial statements were unaudited compilations, which are not considered persuasive evidence of financial viability.

Criteria Discussed

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