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

Decision Summary

The appeal was dismissed because the petitioner, a restaurant operating as a sole proprietorship, failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The business's net income was consistently below the required wage, and the petitioner did not provide sufficient evidence of other funds. Additionally, the petitioner failed to prove that the beneficiary met the required two years of experience for the chef position as of the petition's priority date.

Criteria Discussed

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