EB-3 Sustained — Culinary (2006): the director denied the petition, concluding the petitioner

Decision Summary

The director denied the petition, concluding the petitioner had not established its ability to pay the proffered wage because its liabilities exceeded its assets. The AAO sustained the appeal, finding that the director erred by failing to consider the wages already paid to the beneficiary. The petitioner only needed to demonstrate the ability to pay the difference between the actual wage and the proffered wage, which was established through the evidence provided.

Criteria Discussed

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