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

Decision Summary

The appeal was dismissed because the petitioner, a floor construction company, failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns showed negative or very low net income for the relevant years, and the provided bank statements and other financial documents were deemed insufficient to establish the ability to pay.

Criteria Discussed

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