EB-3 Remanded — Culinary (2006): the director denied the petition, finding the petitioner

Decision Summary

The director denied the petition, finding the petitioner had not established the ability to pay the proffered wage based on its 2001 tax return. The AAO remanded the case because the record suggested the beneficiary had been employed by the petitioner since 2000, and the director should have requested evidence of wages paid to the beneficiary before making a final decision. The case was sent back for the director to request this evidence and re-evaluate the petitioner's ability to pay.

Criteria Discussed

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