EB-3 Sustained — Culinary Arts (2008): the director denied the petition, finding that the

Decision Summary

The director denied the petition, finding that the petitioner, a restaurant, had not established its continuing ability to pay the proffered wage from the priority date. The AAO sustained the appeal, accepting the petitioner's arguments that factors like depreciation and officer compensation negatively skewed its net income and that the totality of the circumstances demonstrated a realistic job offer.

Criteria Discussed

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