EB-3 Dismissed — Construction (2023): did not establish its ability to pay the proffered wage for

Decision Summary

The appeal was dismissed because the petitioner, a construction company, failed to demonstrate its ability to pay the proffered wage for the beneficiary. The company's net income and net current assets were insufficient to cover the difference between the wage paid and the proffered wage for 2022. The AAO also found that additional evidence, such as a loan to the company's president and a line of credit, was either inconsistent or did not sufficiently prove the financial ability to pay.

Criteria Discussed

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