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

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

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