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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to establish its continuing ability to pay the proffered wage from the priority date. The AAO affirmed the director's reliance on the petitioner's federal tax returns, which reflected a net income insufficient to cover the beneficiary's required salary, and rejected the petitioner's arguments to consider factors like depreciation or gross income.

Criteria Discussed

Sign up free to download the original PDF