EB-3 Sustained — Food Production (2023): the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner did not establish a continuing ability to pay the proffered wage. The appeal was sustained because, upon de novo review, the AAO concluded that based on the totality of the circumstances, the petitioner more likely than not did have the continuing ability to pay the wage.

Criteria Discussed

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