EB-3 Dismissed — Culinary Arts (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 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

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