EB-3 Dismissed — Culinary (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's 2003 tax return showed a taxable income ($17,936) and net current assets ($8,264) that were both insufficient to cover the proffered annual wage of $28,080. The petitioner did not submit any other persuasive evidence to overcome this deficiency.

Criteria Discussed

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