EB-3 Dismissed — Construction: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a construction company operating as a sole proprietorship, failed to demonstrate its continuing ability to pay the beneficiary the proffered wage. The director found, and the AAO affirmed, that the financial evidence provided, such as individual tax returns, did not establish that the petitioner could realistically pay the wage starting from the priority date.

Criteria Discussed

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