EB-3 Dismissed — Construction (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The petitioner's net income and net current assets in the priority year were insufficient to cover the beneficiary's salary, and the evidence submitted on appeal, such as subsequent tax returns and bank statements, did not overcome this deficiency.

Criteria Discussed

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