EB-3 Dismissed — Landscaping (2018): 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 determined that the petitioner's net income and net current assets for the years 2015 and 2016 were insufficient to cover the required salary after accounting for business deductions. A review of the totality of the circumstances under Matter of Sonegawa also did not establish the petitioner's ability to pay.

Criteria Discussed

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