EB-3 Dismissed — Construction (2021): 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. The petitioner submitted an amended 2017 tax return to show sufficient assets, but did not provide evidence that the IRS had accepted the amendment. Furthermore, the petitioner failed to reconcile inconsistencies between the amended 2017 return and its 2018 tax return, making the evidence insufficient to prove financial ability.

Criteria Discussed

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