EB-3 Dismissed — Food Service (2006): 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 from the priority date. The petitioner did not pay the beneficiary any wages in the priority year and paid significantly less than the proffered wage in the following year, failing to provide sufficient financial evidence to cover the shortfall.

Criteria Discussed

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