EB-3 Sustained — Bakery (2006): the director denied the petition, finding the petitioner

Decision Summary

The director denied the petition, finding the petitioner had not established the ability to pay the proffered wage based on negative net income on its tax returns. The appeal was sustained because the AAO, upon de novo review, considered the totality of the circumstances, including evidence that the petitioner was already employing the beneficiary and paying a salary close to the proffered wage.

Criteria Discussed

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