EB-3 Sustained — Childcare: the director denied the petition, finding that the

Decision Summary

The director denied the petition, finding that the petitioner, a private household, did not demonstrate the continuing ability to pay the proffered wage for a child monitor. The AAO sustained the appeal, finding that the petitioner's adjusted gross income in 2003 and 2004 was sufficient to cover both her personal living expenses and the beneficiary's salary, thereby establishing her ability to pay.

Criteria Discussed

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