EB-3 Dismissed — Agriculture (2016): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date onward. The petitioner paid the beneficiary less than the proffered wage and did not submit sufficient evidence, such as required federal tax returns for 2008 and 2010, to demonstrate it had the net income or net current assets to cover the difference. The decision also noted unresolved issues regarding the beneficiary's required experience and the legitimacy of the job offer.

Criteria Discussed

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