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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date onward. Analysis of the petitioner's tax returns showed its net income and net current assets were insufficient to cover the wage difference in 2008 and 2009. The decision also noted that the record failed to establish the beneficiary's required work experience or the bona fides of the job offer.

Criteria Discussed

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