remanded EB-3 Case: Culinary Arts
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Decision Summary
The Director's denial was withdrawn and the case was remanded because the record lacked recent evidence of the petitioner's continuing ability to pay the proffered wage. The AAO also identified new issues, questioning the petitioner's intent to employ the beneficiary full-time as a chef specializing in Italian cuisine, as their menus did not reflect this specialty, and whether the beneficiary possessed the required experience. The matter was sent back for the Director to request additional evidence on these points.
Criteria Discussed
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