dismissed
EB-3
dismissed EB-3 Case: Culinary Arts
Decision Summary
The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's net income for 2001 and 2002, as shown on its tax returns, was significantly lower than the required wage. The AAO rejected counsel's arguments to consider depreciation or total assets as evidence of ability to pay, citing precedent that relies on net income or net current assets.
Criteria Discussed
Ability To Pay Proffered Wage
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.