EB-3 Dismissed — Restaurant/Culinary: 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 proffered wage to the beneficiary (a cook) from the priority date onward. The director denied the petition after the petitioner failed to provide requested federal tax returns for 2002 and 2003, and the petitioner submitted no new evidence on appeal to cure this deficiency.

Criteria Discussed

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