EB-3 Dismissed — Masonry: 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 beneficiary the proffered wage from the priority date. The evidence provided, including tax returns, did not demonstrate that the company had sufficient net income or net current assets to cover the significant difference between the wages actually paid to the beneficiary and the full proffered wage.

Criteria Discussed

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