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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The petitioner paid the beneficiary less than the proffered wage in 2001 and 2002 and failed to submit the required evidence, such as tax returns or audited financial statements, to prove it could cover the wage difference for those years.

Criteria Discussed

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