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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. Although the issue of the beneficiary's work experience was resolved, the petitioner's tax returns showed a net income significantly lower than the proffered wage, which was the primary basis for the denial.

Criteria Discussed

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