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 onward. While the petitioner's taxable income in 2001 was sufficient, its income in 2002 and 2003 was far below the proffered wage of $24,960, thus failing to meet the regulatory requirements.

Criteria Discussed

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