EB-3 Dismissed — Restaurant: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The director determined that the evidence submitted, primarily tax returns, was insufficient to demonstrate the necessary financial capacity. The AAO upheld this decision, finding the petitioner had not proven it could pay the cook the required salary.

Criteria Discussed

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