EB-3 Dismissed — Construction (2011): 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 proffered wage from the priority date. The petitioner's tax returns showed insufficient taxable income (e.g., $8,751 in 2001) to cover the proffered annual wage of $32,822. The evidence submitted on appeal was deemed insufficient to overcome this finding.

Criteria Discussed

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