EB-3 Remanded — Food Service (2022): the AAO found the petitioner's arguments regarding the

Decision Summary

The AAO found the petitioner's arguments regarding the full-time nature of the position to be persuasive, overcoming the Director's initial reason for denial. However, upon de novo review, the AAO determined the record lacked the required financial evidence (like tax returns) to establish the petitioner's continuing ability to pay the proffered wage. The case was remanded for the Director to request this necessary financial documentation.

Criteria Discussed

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