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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $49,691.20 annually, starting from the priority date. The petitioner's federal tax returns showed insufficient net income, and the AAO rejected the argument that non-cash expenses like depreciation should be added back to the net income to prove financial ability, citing established legal precedent.

Criteria Discussed

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