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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns showed a net income loss and its net current assets were significantly less than the required wage. The argument that the petitioner could pay the wage by replacing other workers was found to be without legal precedent.

Criteria Discussed

Sign up free to download the original PDF