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 of $41,600 per year. The petitioner's federal tax returns for 2001 and 2002 showed significant net losses, and the wages actually paid to the beneficiary were far below the required amount. The AAO rejected the petitioner's arguments based on bank balances and a potential line of credit as insufficient evidence.

Criteria Discussed

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