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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from the priority date. The petitioner's tax returns from 2001 to 2004 showed net profits or losses substantially below the required annual wage of $24,044.80. The AAO also found other financial evidence, such as property appraisals, to be unreliable and insufficient to establish the ability to pay.

Criteria Discussed

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