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 proffered wage from the priority date. An analysis of the petitioner's tax returns for 2001, 2002, and 2003 showed that its net income and net current assets were consistently insufficient to cover the required salary.

Criteria Discussed

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