EB-3 Dismissed — Restaurant: 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 to the beneficiary, a chef. The director determined, and the AAO agreed, that the financial evidence submitted, including tax returns and wage statements, did not establish that the petitioner could cover the required salary from the priority date onward.

Criteria Discussed

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