EB-3 Dismissed — Culinary (2001): 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. While the petitioner's net current assets were sufficient in 2001, its tax returns for 2002 and 2003 showed both net income and net current assets that were below the required wage, proving an inability to pay in subsequent years.

Criteria Discussed

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