EB-3 Dismissed — Culinary Arts (2019): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner, a Moroccan restaurant, failed to establish its ability to pay the proffered wage from the priority date onward, as its net income was substantially below the required salary. Additionally, evidence indicated that the beneficiary did not meet the labor certification's minimum requirement of 12 months of qualifying experience as a Moroccan cook.

Criteria Discussed

Sign up free to download the original PDF