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

Decision Summary

The director initially denied the petition, finding the petitioner, a sole proprietorship, failed to demonstrate the ability to pay the proffered wage based on the adjusted gross income on its tax returns. The appeal was sustained because the petitioner successfully argued that funds paid to subcontractors, whom the beneficiary was hired to replace, could be added back to determine its ability to pay the wage, and this was accepted as evidence of financial capacity.

Criteria Discussed

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