EB-3 Dismissed — Real Estate Development (2006): did not establish its ability to pay the proffered wage of

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage of $33,800 per year, starting from the priority date. The petitioner's tax returns for 2001 showed a significant net income loss and negative net current assets, both insufficient to cover the required salary. The petitioner's argument to use a real estate appraisal as evidence of assets was rejected as it is not one of the prescribed forms of evidence, which are annual reports, federal tax returns, or audited financial statements.

Criteria Discussed

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