EB-3 Dismissed — Farm Management (2017): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date. The evidence, including tax returns showing net income and net current assets, did not demonstrate sufficient funds to cover the difference between the wage paid and the proffered wage. The petitioner's additional arguments on appeal regarding a partner forgoing income were found unpersuasive and not relevant to the required period.

Criteria Discussed

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