EB-3 Dismissed — Construction (2018): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage from the priority date onward. The company's 2016 federal tax return showed a significant net loss and net current liabilities. Although the petitioner paid the beneficiary a sufficient wage in 2017, it failed to submit required regulatory evidence like a tax return or audited financial statement for that year, preventing a complete analysis of its financial standing.

Criteria Discussed

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