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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns from 2001 to 2003 showed insufficient net income or net current assets to cover the beneficiary's salary. Evidence submitted on appeal, such as a bank letter and information on a line of credit, was found unpersuasive and did not meet the regulatory requirements.

Criteria Discussed

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