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

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship, failed to demonstrate the continuing ability to pay the proffered wage from the priority date. The director found that the petitioner's adjusted gross income of $19,037 in 2004 was insufficient to cover the proffered annual wage of $25,584, and the AAO agreed with this conclusion after reviewing the submitted tax returns and other financial evidence.

Criteria Discussed

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