sustained EB-3

sustained EB-3 Case: Culinary

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Culinary

Decision Summary

The Director revoked the initial approval, finding the petitioner did not establish its ability to pay the proffered wage or its compliance with recruitment requirements. Upon de novo review on certification, the AAO found the petitioner had met its burden, withdrew the Director's decision, and reinstated the approval of the petition.

Criteria Discussed

Ability To Pay Recruitment Compliance

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View Full Decision Text
MATTER OF A-B-A-R-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 12,2017 
CERTIFICATION OF TEXAS SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a restaurant, seeks to employ the Beneficiary as a cook. It requests classification of 
the Beneficiary as a skilled worker under the third preference immigrant classification. See 
Immigration and Nationality Act section 203(b)(3)(A)(i), 8 U.S.C. ยง 1153(b)(3)(A)(i). This 
employment-based immigrant classification allows a U.S. employer to sponsor a foreign national for 
lawful permanent resident status to work in a position that requires at least two years of training or 
expenence. 
The Director of the Texas Service Center revoked the approval of the visa petition, finding that the 
record did not establish the Petitioner's ability to pay the Beneficiary the proffered wage or its 
compliance with U.S. Department of Labor requirements in its recruitment for the offered position. 
The Director certified the decision to our office. 
On certification, the Petitioner submits additional evidence for our consideration. Upon de novo 
review, we find that the Petitioner has met its burden to establish eligibility for the benefit requested. 
As such, we will withdraw the Director's decision and reinstate the approval of the petition. 
ORDER: , The approval of the petition is reinstated. 
Cite as Matter of A-B-A-R-, ID# 10111 (AAO June 12, 2017) 
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