EB-3 Dismissed — Culinary (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The director found the petitioner's submitted tax return for the priority year showed a significant net loss. On appeal, the petitioner's arguments regarding depreciation, cash on hand, and a proposed reduction in the beneficiary's work hours were found unpersuasive.

Criteria Discussed

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