EB-3 Dismissed — Landscaping (2016): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date onward. The Director's denial, which this decision upholds, was based on financial evidence from 2013 showing the petitioner had a significant net loss and could not cover the shortfall between the wage paid to the beneficiary and the proffered wage.

Criteria Discussed

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