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 beneficiary the proffered wage of $26,208.00 per year from the priority date. The evidence showed that the wages actually paid to the beneficiary were less than the proffered wage. The petitioner did not establish through other financial evidence, such as net income, that it could cover the difference between the wage paid and the wage offered.

Criteria Discussed

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