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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the beneficiary the proffered wage from the priority date. An analysis of the petitioner's federal tax returns from 1998 through 2003 showed that its net income each year was substantially less than the required annual wage. The evidence also showed the petitioner had not paid the beneficiary the full proffered wage in subsequent years, failing to meet the financial requirements for the petition.

Criteria Discussed

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