EB-3 Sustained — Culinary Arts: the director denied the petition, finding the petitioner

Decision Summary

The director denied the petition, finding the petitioner had not established the ability to pay the proffered wage. The AAO sustained the appeal because the petitioner's federal tax returns for 2001 and 2002 showed a net income ($27,281 and $31,895 respectively) sufficient to cover the beneficiary's proffered wage of $25,064 per year.

Criteria Discussed

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