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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date onwards. The AAO reviewed the petitioner's tax returns and found the net income was insufficient to cover the beneficiary's salary, and there was no proof that the beneficiary was already employed and being paid the proffered wage.

Criteria Discussed

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