EB-3 Dismissed — Culinary: did not establish its ability to pay the beneficiary the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary the proffered wage. The AAO analyzed the petitioner's tax returns and found that neither its net income nor its net current assets were sufficient to cover the salary from the priority date onward. Since the petitioner had not previously employed the beneficiary, it could not use past wage payments as evidence of its ability to pay.

Criteria Discussed

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