EB-3 Dismissed — Construction (2005): 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 from the priority date. Evidence showed the beneficiary was actually paid significantly less than the proffered wage, and the petitioner's attempt to use the personal assets of its sole owner was rejected because a limited liability company is a separate legal entity from its owner.

Criteria Discussed

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