EB-3 Dismissed — Culinary: the motion to reconsider was granted, but the previous

Decision Summary

The motion to reconsider was granted, but the previous decision to dismiss the appeal was affirmed. The petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date, as its tax returns showed insufficient taxable income and its liabilities exceeded its assets. Counsel's arguments regarding amended returns and depreciation were found to be unpersuasive and were not supported by sufficient evidence.

Criteria Discussed

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