EB-3 Dismissed — Restaurant Industry (2018): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to prove its ability to pay the proffered wage starting from the priority date in 2015. The petitioner's net income and net current assets for 2015 were both below the required wage, and its arguments to use beginning-of-year cash or future income were rejected.

Criteria Discussed

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