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. The evidence, including federal tax returns, showed that the petitioner's net taxable income and net current assets were insufficient to cover the beneficiary's annual salary. The AAO affirmed the director's decision, finding the petitioner's financial evidence did not establish the required financial ability.

Criteria Discussed

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