EB-3 Dismissed — Masonry (2006): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner, a new home developer, failed to demonstrate its ability to pay the proffered wage from the priority date. The petitioner's tax returns for 2001 and 2002 showed ordinary income and net current assets that were substantially lower than the beneficiary's annual proffered wage. The AAO affirmed that as an LLC, a separate legal entity, the personal assets of its owners cannot be considered to establish the ability to pay.

Criteria Discussed

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