EB-3 Remanded — Cabinet Manufacturing (2006): the initial denial was based on an incorrect premise

Decision Summary

The appeal was remanded because the initial denial was based on an incorrect premise. The director denied the petition because the petitioner was not paying the beneficiary the full proffered wage, but the AAO clarified that this is not required until the beneficiary obtains lawful permanent residence. However, the case was sent back for further consideration on the unresolved issue of whether the petitioner could demonstrate a continuing ability to pay the proffered wage from the priority date.

Criteria Discussed

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