EB-3 Dismissed — Food Service (2006): 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. The AAO reviewed the petitioner's 2001 tax return, which showed a net income of $2,608 and net current assets of $0, both insufficient to cover the annual proffered wage of $24,024. The petitioner also failed to show it was already paying the beneficiary a salary equal to or greater than the proffered amount.

Criteria Discussed

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