EB-3 Dismissed — Culinary (2017): did not establish the ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date. The petitioner's tax returns showed insufficient net income and net current assets for the relevant years. Additional arguments based on the totality of circumstances were found unpersuasive due to inconsistent statements about the company's size and operations.

Criteria Discussed

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