EB-1C Remanded — Food Service (2024): did not establish ability to pay the proffered wage,

Decision Summary

The Director denied the petition for failing to establish the ability to pay the proffered wage, claiming the petitioner did not submit required primary evidence like tax returns or audited financial statements. The AAO found this was a clear error, as the record showed the petitioner had submitted the required documents. The case was remanded for the Director to re-evaluate the evidence and issue a new decision.

Criteria Discussed

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