EB-3 Dismissed — Construction (2017): the motion to reopen and reconsider was denied because the

Decision Summary

The motion to reopen and reconsider was denied because the petitioner failed to establish its ability to pay the proffered wage from the priority date onwards. Despite submitting new evidence, the petitioner did not demonstrate that its net income or net current assets in 2014 were sufficient to cover the proffered wage, and an analysis of the totality of the circumstances did not support a favorable decision.

Criteria Discussed

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