EB-3 Dismissed — Construction (2006): 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 beneficiary the proffered wage from the priority date. The petitioner's net income, as shown on its federal tax returns, was insufficient to cover the proffered wage of $35,360 per year. The AAO rejected the petitioner's argument to consider gross income or total salaries paid, affirming that net income is the standard measure.

Criteria Discussed

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