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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The AAO analyzed the petitioner's tax returns, which showed a net income insufficient to cover the beneficiary's salary for the relevant years. Arguments based on gross revenue or payments made to the beneficiary years after the priority date were not sufficient to prove the ability to pay.

Criteria Discussed

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