EB-3 Dismissed — Restaurant (2007): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from the priority date onwards. The director noted, and the AAO agreed, that evidence such as tax returns and wage statements did not establish the petitioner could cover the full proffered salary. For example, in 2004, the beneficiary was paid only $8,470, which was significantly less than the proffered annual wage of $23,360, and the petitioner failed to prove it could pay the difference.

Criteria Discussed

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