EB-3 Dismissed — Restaurant (2006): 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 from the priority date. The financial evidence submitted, including tax returns for multiple years, showed that the petitioner's net income and net current assets were consistently lower than the annual proffered wage of $35,014.72.

Criteria Discussed

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