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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date. The petitioner submitted contradictory and fundamentally inconsistent tax documents, including both a corporate tax return (Form 1120S) and a Schedule C for a sole proprietorship, for the same business entity. This discrepancy cast doubt on the legitimacy and reliability of the financial evidence presented.

Criteria Discussed

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