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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage. The petitioner's tax returns showed significant net losses and negative net current assets. The AAO affirmed the director's decision, clarifying that the petitioner, as a distinct legal entity (LLC), must demonstrate the ability to pay from its own funds, and could not rely on the owner's personal assets or lines of credit.

Criteria Discussed

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