dismissed
EB-3
dismissed EB-3 Case: Culinary
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
Ability To Pay Proffered Wage
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.