EB-3 Dismissed — Restaurant (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a Chinese restaurant, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage. The director initially denied the petition because the financial evidence did not establish the petitioner's ability to pay starting from the priority date, and the AAO upheld this decision, finding the submitted tax returns and financial statements insufficient.

Criteria Discussed

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