EB-3 Dismissed — Bakery: did not establish the ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the ability to pay the proffered wage. The wages paid to the previous beneficiary were less than the proffered wage, and the petitioner did not establish through its net income or other financial evidence that it could pay the difference from the priority date onwards. The director also noted the beneficiary's experience and missing forms as initial grounds for denial.

Criteria Discussed

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