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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant operating as a sole proprietorship, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's net profit, as documented in its tax returns for the relevant years, was consistently and significantly lower than the required $30,000 annual salary for the beneficiary.

Criteria Discussed

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