EB-3 Remanded — Culinary Arts: the appeal was remanded for further review of the

Decision Summary

The appeal was remanded for further review of the petitioner's ability to pay the proffered wage, which was the basis for the initial denial. The AAO conducted a de novo review, analyzing the petitioner's financial evidence, including W-2s paid to the beneficiary, net income, and net current assets from tax returns for the relevant years. Although the petitioner's net income and wages paid were insufficient, its net current assets for 2003 met the requirement, prompting a remand for a complete adjudication.

Criteria Discussed

Sign up free to download the original PDF