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

Decision Summary

The appeal was dismissed because the petitioner, a bakery, failed to establish its continuing ability to pay the proffered wage of $41,371.20 per year from the priority date. Evidence showed the beneficiary was paid significantly less than the proffered amount, and the petitioner's net income was insufficient to cover the shortfall for the years in question.

Criteria Discussed

Sign up free to download the original PDF