EB-3 Dismissed — Landscaping: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. The petitioner paid the beneficiary less than the proffered wage in 2001 and had a negative net income that year, making it unable to cover the wage shortfall. Since the ability to pay must be established for the entire period, the failure in 2001 was sufficient to deny the petition.

Criteria Discussed

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