EB-3 Dismissed — Construction (2019): 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 petition's priority date. The Director noted that the petitioner's tax returns showed negative net income and net current assets, and there were significant inconsistencies in the record, such as multiple Social Security numbers for the Beneficiary, which cast doubt on the evidence. The Petitioner did not resolve these inconsistencies or prove its financial viability, even when considering the totality of the circumstances under Sonegawa.

Criteria Discussed

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