EB-3 Dismissed — Culinary Arts: 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 to the beneficiary, a chef, starting from the priority date. The evidence, including tax returns, showed insufficient net income and that current liabilities exceeded current assets. The petitioner's failure to provide tax returns for later years and its arguments about diverting other employees' wages were deemed insufficient to overcome the lack of evidence.

Criteria Discussed

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