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

Decision Summary

The appeal was dismissed because the petitioner, a commercial construction company operating as a sole proprietorship, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The director determined that the petitioner's financial evidence, primarily the owner's individual tax returns, did not show sufficient net income to cover the beneficiary's salary. The AAO upheld this decision, finding the job offer was not realistic based on the submitted financial records.

Criteria Discussed

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