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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns showed substantial net income losses for most of the relevant years, and the AAO rejected counsel's arguments to consider gross income, depreciation, or other expenses as evidence of financial ability.

Criteria Discussed

Sign up free to download the original PDF