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 tax return for the priority year showed a net loss, and its assets were insufficient. The AAO rejected the arguments on appeal, finding that bank statements and an unsubstantiated line of credit were not adequate evidence to demonstrate the ability to pay.

Criteria Discussed

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