EB-3 Dismissed — Horticulture (2007): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. An analysis of the petitioner's tax returns showed insufficient net income and net current assets to cover the difference between the wage paid to the beneficiary and the required proffered wage for the years in question.

Criteria Discussed

Sign up free to download the original PDF