EB-3 Sustained — Restaurant: the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established its ability to pay the proffered wage. On appeal, the AAO reviewed the petitioner's financial records, including tax returns from 2003 and 2004, and concluded that the petitioner did demonstrate the ability to pay. Although the petitioner's taxable income in 2003 was below the proffered wage, its income in 2004 ($25,606) exceeded the required wage ($21,757), satisfying the requirement.

Criteria Discussed

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