EB-3 Sustained — Construction Painting: the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established the ability to pay the proffered wage based on its 2001 tax return's net income and net current assets. The appeal was sustained because the petitioner successfully argued that a certificate of deposit, listed as an 'Other Investment' rather than a current asset, was a liquid asset that, combined with its taxable income, demonstrated sufficient funds to pay the wage.

Criteria Discussed

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