EB-3 Dismissed — Restaurant Management (2006): 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 director determined, and the AAO agreed, that the petitioner's net income as reflected on its tax returns was insufficient. The petitioner also failed to show it paid the beneficiary the full proffered wage, and its arguments to add back depreciation or use a different income figure were rejected based on legal precedent.

Criteria Discussed

Sign up free to download the original PDF