EB-3 Dismissed — Restaurant Management (2018): the motions to reopen and reconsider were denied because

Decision Summary

The motions to reopen and reconsider were denied because the petitioner failed to resolve two key issues. First, the accompanying labor certification was deemed invalid for the EB-3 professional category because it allowed for degree equivalencies based on combinations of education and experience. Second, the petitioner did not demonstrate a continuing ability to pay the proffered wage, as its financial records were insufficient and the personal income of its S-corporation shareholder could not be considered.

Criteria Discussed

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