EB-3 Dismissed — Computer Consulting: did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date until the beneficiary obtains permanent residence. The evidence on record, such as Forms 1099 and paystubs, showed that the wages actually paid to the beneficiary were consistently below the proffered wage of $60,000 per year, and the petitioner did not submit sufficient alternative evidence to establish its ability to pay.

Criteria Discussed

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