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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage. The petitioner, a sole proprietorship, did not provide requested evidence of the owner's personal expenses and assets for years where the beneficiary was underpaid, making it impossible to determine if sufficient funds were available to cover the wage shortfall.

Criteria Discussed

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