EB-3 Dismissed — Culinary (2005): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a diner, failed to demonstrate its continuing ability to pay the proffered wage. The director found that the petitioner's net income and net current assets were insufficient. On appeal, the petitioner's assertion that it had been paying the beneficiary in cash was deemed insufficient as it was not supported by documentary evidence.

Criteria Discussed

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