EB-3 Dismissed — Plumbing (2005): 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 director determined the petitioner's federal tax returns, which showed net losses for 2001, 2002, and 2003, did not establish the financial ability to support the permanent job offer, even though payroll records showed wages were paid to the beneficiary.

Criteria Discussed

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