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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage of $38,000 per year from the priority date. The petitioner's 2004 tax return showed a net income of only $6,913, far below the required amount. The AAO rejected arguments based on gross receipts or hypothetical business decisions, stating that the petitioner must show sufficient net income or net current assets to cover the proffered wage.

Criteria Discussed

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