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

Decision Summary

The appeal was dismissed because the petitioner, an Italian restaurant, failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from the priority date. An analysis of the petitioner's tax returns revealed insufficient net income and net current assets in the relevant years. The petitioner's explanation that the financial shortfall was due to the 9/11 attacks did not overcome the requirement to establish that the job offer was realistic and financially viable.

Criteria Discussed

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