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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date onwards. The evidence, including W-2 forms for 2009, 2010, and 2011, showed that the wages actually paid to the beneficiary were significantly less than the proffered wage. The petitioner did not provide sufficient alternative evidence, such as net income or net current assets, to cover the deficiency.

Criteria Discussed

Sign up free to download the original PDF