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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its ability to pay the proffered wage from the priority date onwards. The petitioner's federal tax returns for 2001 and 2002 showed significant net income losses and negative net current assets. The AAO determined that alternative evidence, such as depreciation, shareholder loans, or the owner's personal assets, did not sufficiently establish the company's financial ability to support the job offer.

Criteria Discussed

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