EB-3 Sustained — Construction (2006): the director initially denied the petition, concluding that

Decision Summary

The director initially denied the petition, concluding that the petitioner had not demonstrated the ability to pay the proffered wage. The appeal was sustained because the AAO's de novo review of the evidence, including federal tax returns and financial statements submitted on appeal, established that the petitioner's net income and/or net current assets were sufficient to cover the beneficiary's salary from the priority date onward.

Criteria Discussed

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