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

Decision Summary

The appeal was dismissed because the petitioner, a Chinese restaurant, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from the priority date. The director and the AAO determined that the financial evidence submitted, including tax returns, was insufficient to establish that the job offer was realistic and that the petitioner could afford the salary.

Criteria Discussed

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