EB-3 Dismissed — Landscaping: 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 AAO found that for the years reviewed, the petitioner's net income was insufficient to cover the shortfall between the wages actually paid to the beneficiary and the required proffered salary. The petitioner did not provide sufficient evidence, such as complete tax returns showing net current assets, to overcome this deficiency.

Criteria Discussed

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