dismissed
EB-3
dismissed EB-3 Case: Construction
Decision Summary
The appeal was dismissed because the petitioner, a construction firm, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. Analysis of the petitioner's tax returns for 2001, 2002, and 2003 showed that both its net income and net current assets were less than the required wage. The AAO rejected the argument that officer compensation should be considered available to pay the wage, as a corporation is a separate legal entity from its owners.
Criteria Discussed
Ability To Pay Proffered Wage
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Avoid the mistakes that led to this denial
MeritDraft guides you through USCIS criteria so your draft is organized around the right evidence, legal framing, and common denial patterns.
Start a Stronger Draft →No credit card required. Generate your first petition draft in minutes.