EB-3 Dismissed — Construction (2006): 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. An analysis of the petitioner's federal tax returns showed that for the years 2001 and 2002, the company's net income plus the wages already paid to the beneficiary was less than the required proffered wage. Because the petitioner must prove its ability to pay continuously from the priority date, the failure to do so in the initial years was fatal to the petition.

Criteria Discussed

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