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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate the continuing ability to pay the proffered wage from the priority date. An analysis of the petitioner's tax returns showed net income losses for 2001 and 2002, and even when adding the wages already paid to the beneficiary, the amount was insufficient to cover the proffered wage for those years.

Criteria Discussed

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