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

Decision Summary

The director denied the petition, concluding that the petitioner, a restaurant, had not established its ability to pay the proffered wage. The AAO sustained the appeal, clarifying that because the petitioner is a sole proprietorship, the owner's total financial standing, including personal income and assets, must be considered, and reviewed additional evidence submitted on appeal to make its determination.

Criteria Discussed

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