EB-3 Dismissed — Restaurant (2006): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from the priority date. The evidence submitted, primarily tax returns for a holding company rather than the petitioner itself, was insufficient and did not clearly establish the petitioner's financial standing. The petitioner did not provide its own annual reports, federal tax returns, or audited financial statements to resolve the deficiency.

Criteria Discussed

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