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

Decision Summary

The appeal was dismissed because the petitioner, a corporation, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The AAO rejected the petitioner's argument that the owner's personal assets could be considered, affirming that a corporation is a separate legal entity from its owners and its financial ability must be established through its own records, such as tax returns.

Criteria Discussed

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