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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The petitioner submitted conflicting tax documents—both a corporate Form 1120S and a Schedule C for a sole proprietorship for the same business—which cast doubt on the reliability and sufficiency of the financial evidence provided.

Criteria Discussed

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