EB-3 Sustained — Culinary (2006): the director denied the petition, concluding the

Decision Summary

The director denied the petition, concluding the petitioner, a commercial bakery, could not pay the proffered wage based on corporate tax returns showing net losses. The appeal was sustained because the AAO, upon de novo review, determined the petitioner did have the ability to pay. The petitioner successfully argued that the tax losses were due to business investments and that they had consistently processed payroll for all employees since the priority date.

Criteria Discussed

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