EB-3 Dismissed — Restaurant (2017): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The petitioner's 2015 tax return showed negative net income and insufficient net current assets. Evidence submitted on appeal, including payroll records and the tax returns of a separate corporation, was found to be unreliable or irrelevant to establishing the petitioner's own ability to pay.

Criteria Discussed

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