EB-3 Dismissed — Culinary (2005): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from the priority date. The AAO found that the petitioner's tax returns showed insufficient net income or net current assets, and the wages actually paid to the beneficiary were consistently below the proffered amount, without sufficient evidence to cover the difference.

Criteria Discussed

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