EB-3 Dismissed — Granite And Marble Fabrication (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 petitioner's net income for 2001, as shown on its tax return, was $14,448, which was insufficient to cover the required annual wage of $27,788.80. The petitioner did not submit sufficient countervailing evidence, such as tax returns for other relevant years or proof of wages paid to the beneficiary.

Criteria Discussed

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