EB-3 Dismissed — Construction: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The petitioner's 2005 tax return showed a taxable income of zero and negative net current assets, neither of which were sufficient to cover the salary. The AAO rejected the petitioner's arguments that officer compensation and depreciation should be added back to its income to prove financial ability.

Criteria Discussed

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