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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The AAO found that the petitioner's financial evidence, including tax returns showing low taxable income and net current assets, was insufficient. The AAO rejected the petitioner's arguments to include depreciation deductions and bank statements in the ability-to-pay calculation, citing relevant case law and regulations.

Criteria Discussed

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