EB-3 Dismissed — Food Service Management (2023): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage. Although the AAO withdrew the Director's finding of willful misrepresentation regarding the beneficiary's ownership, the petitioner's federal tax return showed insufficient net income and net current assets, and other financial evidence was not adequate to establish the ability to pay.

Criteria Discussed

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