EB-3 Dismissed — Restaurant (2005): 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 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

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