EB-3 Dismissed — Culinary Arts (2008): did not establish a continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a restaurant, failed to demonstrate a continuing ability to pay the beneficiary's proffered wage from the priority date. The petitioner's tax returns showed a net loss in 2002 and insufficient taxable income in 2003 to cover the annual salary. The AAO found the petitioner's arguments regarding available cash and adding back depreciation expenses were insufficient to establish the ability to pay.

Criteria Discussed

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