dismissed EB-3 Case: Restaurant
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 petitioner's tax returns for the relevant year showed a net loss and insufficient assets. The arguments presented on appeal, such as adding back depreciation expenses or replacing numerous part-time workers, were found to be unconvincing and insufficient to overcome the financial evidence on record.
Criteria Discussed
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.