EB-3 Sustained — Culinary (2016): the Director initially revoked the petition, finding the

Decision Summary

The Director initially revoked the petition, finding the beneficiary was unqualified, the petitioner lacked the ability to pay the proffered wage, and there was fraud. After an initial dismissal on appeal, the AAO reopened the matter on its own motion, withdrew its prior decision, and sustained the appeal, ultimately approving the petition.

Criteria Discussed

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