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, failed to demonstrate its continuing ability to pay the proffered wage to the beneficiary, a stone mason supervisor. The evidence showed that the wages actually paid to the beneficiary were substantially less than the proffered wage, and an analysis of the petitioner's tax returns did not establish sufficient net income or net current assets to cover the difference.

Criteria Discussed

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