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 establish its continuing ability to pay the beneficiary the proffered wage from the priority date onward. A review of the petitioner's federal tax returns showed a pattern of net income losses or net current assets that were insufficient to cover the required salary.

Criteria Discussed

Sign up free to download the original PDF