EB-3 Dismissed — Restaurant (2006): 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 evidence, including a 2003 tax return showing a significant net loss and liabilities exceeding assets, was insufficient. The petitioner did not provide its 2004 tax return as requested and its arguments regarding gross receipts and recalculated profits were not persuasive.

Criteria Discussed

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