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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The petitioner's net income, as reflected on its tax returns, was insufficient to cover the wage difference in 2001 and 2002. Additionally, the petitioner did not provide the most recent available tax return for 2003.

Criteria Discussed

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