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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The director and the AAO determined that the evidence, primarily federal tax returns, did not show sufficient net income or net current assets to cover the beneficiary's salary. The petitioner's attempt to use the owner's personal assets and bank statements was rejected as improper evidence for a corporate petitioner.

Criteria Discussed

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