EB-3 Remanded — Culinary: the case was remanded for further investigation and a new

Decision Summary

The case was remanded for further investigation and a new decision. The director's denial was based on the petitioner's inability to pay the proffered wage, but the director used an incorrect wage figure in the analysis. On appeal, counsel pointed out this error and argued that the director also failed to consider all evidence of compensation paid to the beneficiary, such as a Form 1099.

Criteria Discussed

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