EB-3 Dismissed — Food Service (2007): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The director determined, and the AAO agreed, that the financial evidence submitted, including tax returns showing a net loss in one year and minimal income in others, was insufficient to establish the petitioner could afford the beneficiary's salary.

Criteria Discussed

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