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 director found the petitioner's tax returns showed insufficient net income to cover the wage, and the AAO agreed, rejecting counsel's argument that payments via Form 1099 proved payment as these were made to a separate company for subcontracted work, not to the beneficiary as salary.

Criteria Discussed

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