EB-3 Dismissed — Food Services (2022): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage. The petitioner's 2019 tax return showed insufficient net income ($70,825) and net current liabilities (-$100,625) to cover the proffered annual wage of $124,800, and other evidence under the totality of the circumstances was not persuasive.

Criteria Discussed

Sign up free to download the original PDF