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 demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's federal tax returns for the relevant years all showed significant net income losses. The petitioner did not provide sufficient alternative evidence, such as proof of wages already paid to the beneficiary or adequate net current assets, to establish its financial ability.

Criteria Discussed

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