EB-3 Dismissed — Construction (2017): 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 since the priority date. An analysis of the company's tax returns showed its net income was insufficient for 2013 and 2014, and its net current assets were insufficient for 2014. Since the ability to pay must be continuous, this failure led to the denial.

Criteria Discussed

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