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

Decision Summary

The appeal was dismissed because the petitioner, a residential construction firm, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The director found, and the AAO agreed, that the evidence submitted, including a self-prepared 1099 summary, was inconsistent and insufficient to prove financial viability. The petitioner could not establish through its tax returns or other reliable documents that it had the necessary net income or net current assets to cover the beneficiary's salary.

Criteria Discussed

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