EB-3 Dismissed — Culinary Arts (2016): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date onward. The company's net income and net current assets were insufficient to cover the required wage, and it also had another pending petition for which it also needed to show ability to pay, further compounding the deficit.

Criteria Discussed

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