EB-3 Dismissed — Food Distribution (2017): 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. The evidence, including a Form 1099, was inconsistent with the company's federal tax return, which showed no salaries or wages paid and reflected negative net income and net current assets. The petitioner did not resolve these inconsistencies, thus failing to meet its burden of proof.

Criteria Discussed

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