EB-3 Sustained — Retail Management: the director denied the petition after determining that the

Decision Summary

The director denied the petition after determining that the petitioner's tax returns from 2001-2003 did not show sufficient taxable income to pay the proffered wage. The AAO sustained the appeal, finding that the petitioner demonstrated the ability to pay through an alternative analysis of its finances, specifically by considering the petitioner's net current assets which the director had failed to properly evaluate.

Criteria Discussed

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