EB-3 Dismissed — Restaurant: 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 corporate tax return for 2001 showed that its ordinary income and net current assets were both substantially less than the beneficiary's proffered annual salary, and the evidence submitted on appeal was not sufficient to overcome this finding.

Criteria Discussed

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