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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage from the priority date. The petitioner's federal tax returns did not show sufficient net income, and the AAO rejected the argument that non-cash deductions like depreciation should be added back to income. The evidence also failed to show that the petitioner had paid the beneficiary the full proffered wage since the priority date.

Criteria Discussed

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