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 director's decision was based on the petitioner's tax returns, which did not show sufficient net income or other assets to cover the wage. The petitioner did not provide sufficient evidence, such as proof of wages already paid, to overcome this finding.

Criteria Discussed

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