EB-3 Remanded — Restaurant (2008): the petition was initially denied because the petitioner, a

Decision Summary

The petition was initially denied because the petitioner, a restaurant, failed to demonstrate its ability to pay the proffered wage for a cook. The AAO reviewed the financial evidence, noting that the petitioner's 2001 tax return showed a net loss and the beneficiary's W-2 wages were below the proffered amount. The case was remanded to the Service Center for further proceedings.

Criteria Discussed

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