EB-3 Dismissed — Culinary Arts (2017): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner, a sole proprietorship operating a restaurant, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's adjusted gross income, after subtracting personal living expenses, was insufficient to cover the beneficiary's salary. The AAO also determined that the petitioner's real property and potential line of credit did not constitute available funds to meet the wage obligation.

Criteria Discussed

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