sustained EB-3 Case: Culinary

MATTER OF T-N-L-
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: NOV. 16, 2016 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a restaurant business, seeks to employ the Beneficiary permanently in the United States 
as a cook under classification as a professional or skilled worker. See section 203(b)(3)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(3)(A). Although the visa petition 
was initially approved by U.S. Citizenship and Immigration Services (USCIS), the Director, 
Vermont Service Center, revoked the petition's approval. We dismissed the Petitioner's subsequent 
appeal, but now reopen the matter on our own motion. We will withdraw our prior decision. The 
appeal will be sustained. 
We conduct appellate review on a de novo basis. See Soltane v. DOJ, 381 F.3d 143, 145 (3d Cir. 
2004). 
Our decision concluded that the Petitioner had not demonstrated its ability to pay the proffered wage 
from the visa petition's priority date forward and we affirmed the Director's revocation of the 
petition's approval on this basis. However, a subsequent review of the record finds it to demonstrate, 
by a preponderance of evidence, the Petitioner's ability to pay the Beneficiary the proffered wage. 
Accordingly, we will withdraw our previous decision and sustain the appeal. The approval of the 
petition will be reinstated. 
As always in visa petition proceedings, the burden of proof rests entirely with the Petitioner. See 
section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). The 
Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter ofT-N-L-, ID# 239839 (AAO Nov. 16, 2016)