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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the proffered wage from the priority date onwards. The director found the evidence, primarily the petitioner's federal tax returns, did not establish sufficient net income or assets to cover the beneficiary's salary, and the AAO upheld this decision.

Criteria Discussed

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