EB-3 Dismissed — Culinary (2007): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, an Italian restaurant, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage from the priority date onwards. The director and the AAO determined that the evidence, primarily the petitioner's tax returns as a sole proprietorship, did not establish sufficient financial resources to pay the wage of $41,600 per year.

Criteria Discussed

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