Dismissed
EB-3
EB-3 Dismissed — Culinary: did not establish its continuing ability to pay the
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns showed negative ordinary income for multiple years, and its liabilities exceeded its assets. The petitioner's arguments regarding adding back depreciation deductions to income and the sole shareholder's ability to cover the salary were not sufficient to overcome the evidence in the record.
Criteria Discussed
Ability To Pay Proffered Wage Classification As Skilled Worker Vs. Other Worker Use Of Petitioner'S Tax Returns Use Of Petitioner'S Assets Vs. Liabilities Adding Back Depreciation To Net Income
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