EB-2 Dismissed — Software Development (2013): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its continuing ability to pay the proffered wage from the priority date. The actual wages paid to the beneficiary were consistently below the proffered amount, and an analysis of the company's finances did not resolve this deficiency. The director also found that the beneficiary did not meet the minimum job experience requirements outlined in the labor certification.

Criteria Discussed

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