EB-3 Dismissed — Restaurant (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a Japanese restaurant structured as a sole proprietorship, failed to demonstrate its continuing ability to pay the proffered wage. The director found that the petitioner's tax returns from 2001 through 2003 showed an adjusted gross income lower than the beneficiary's proffered wage of $39,000 per year, making it unable to cover the salary and its owner's personal expenses.

Criteria Discussed

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