EB-3 Dismissed — Culinary (2006): the motion to reconsider was granted, but the previous

Decision Summary

The motion to reconsider was granted, but the previous denial was affirmed and the petition was ultimately denied. The petitioner, a restaurant, failed to consistently demonstrate its ability to pay the beneficiary the proffered wage from the priority date onward. The petitioner's tax returns for the relevant years showed financial losses or insufficient net income/net current assets to cover the required salary.

Criteria Discussed

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