EB-3 Dismissed — Janitorial Services (2022): 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. The company's net income and net current assets were insufficient, and it did not provide adequate evidence to demonstrate its financial stability or a history of growth under the 'totality of the circumstances' analysis. Furthermore, the petitioner did not demonstrate it could pay the wages for this beneficiary in addition to the beneficiaries of over 40 other immigrant petitions it had filed.

Criteria Discussed

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