EB-3 Dismissed — Food Service (2006): did not establish the ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date. The director found the petitioner had not established they were a valid U.S. employer or that they had the financial ability to pay the wage. The AAO affirmed the decision, noting that assets from a separate corporation owned by the petitioner could not be considered to meet the wage obligation.

Criteria Discussed

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