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 onwards. The decision analyzed the petitioner's financial records and found that its net income was insufficient to cover the difference between the wage actually paid to the beneficiary and the higher proffered wage. The director also noted concerns about discrepant information regarding the beneficiary's qualifications for the cook position.

Criteria Discussed

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