EB-3 Dismissed — Culinary (2008): did not establish a continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from the priority date. The evidence submitted on appeal, such as W-2 forms and amended tax reports, was deemed unreliable as it appeared to have been created retroactively and lacked corroboration, casting doubt on the petitioner's claims of having paid the required salary.

Criteria Discussed

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