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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary the proffered wage from the priority date. The petitioner did not provide sufficient evidence for the years 2001 and 2002, and the Form 1099-MISC submitted for 2003 was deemed insufficient without corroborating evidence like tax returns or pay stubs.

Criteria Discussed

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