EB-3 Sustained — Culinary Arts (2006): 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 from the priority date onward, as its net income was insufficient to cover the difference between the wage offered and the wage actually paid. The appeal was sustained, indicating the AAO found that the petitioner did demonstrate the financial ability to pay the salary, overturning the director's decision.

Criteria Discussed

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