EB-3 Dismissed — General Contractor (2006): 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 onwards. Although the petitioner eventually paid the wage in 2003, its federal tax returns from the priority date in 2001 did not show sufficient net income to cover the proffered salary. The AAO affirmed that the ability to pay must be demonstrated at the time the priority date is established and must continue, which the petitioner failed to prove for the initial years.

Criteria Discussed

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