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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date onward. The petitioner did not submit the required evidence, such as federal tax returns for the relevant period, to establish its net income or net current assets. The bank statements provided on appeal were considered insufficient evidence as they are not among the documents specified by regulation and do not prove a sustainable ability to pay.

Criteria Discussed

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