remanded EB-3 Case: Culinary Arts
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
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