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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage to the beneficiary, a foreign food specialty cook. The director determined, and the AAO agreed, that the financial evidence submitted did not establish the petitioner could pay the wage from the priority date forward, making the job offer unrealistic.

Criteria Discussed

Sign up free to download the original PDF