EB-3 Dismissed — Culinary Arts (2017): 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 onward. The petitioner's net income and net current assets for the relevant years were significantly below the required salary, and it could not establish its ability to pay based on the totality of its financial circumstances.

Criteria Discussed

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