EB-3 Remanded — Food Retail: the director denied the petition, finding the petitioner

Decision Summary

The director denied the petition, finding the petitioner failed to establish its continuing ability to pay the proffered wage based on its net income in 2002 and 2003. The AAO remanded the case for further consideration, as the petitioner argued on appeal that its ability to pay should instead be evaluated based on its net current assets, which exceeded the proffered wage for all relevant years.

Criteria Discussed

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