EB-3 Dismissed — Landscaping (2019): did not establish its ability to pay the proffered wage for

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage for the priority year (2018). The petitioner's net income and net current assets were insufficient to cover the difference between the wages already paid to the beneficiary and the required proffered wage. The AAO found the petitioner's arguments, including the use of depreciation deductions as available funds and prorating the wage, to be unpersuasive.

Criteria Discussed

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