EB-3 Remanded — Culinary (2007): the director initially denied the petition, finding that

Decision Summary

The director initially denied the petition, finding that the petitioner failed to demonstrate the ability to pay the beneficiary the proffered wage from the priority date. The AAO remanded the case for further consideration, finding that the director's analysis was insufficient and instructing the director to re-evaluate the petitioner's ability to pay based on the evidence of record, including tax returns and net income.

Criteria Discussed

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