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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. An analysis of the petitioner's federal tax returns revealed insufficient net income or net loss for the relevant years, and the petitioner could not establish ability to pay through wages already paid as the beneficiary was not employed by the company.

Criteria Discussed

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