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

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage of $85,000 from the priority date onward. The director's analysis showed that while the petitioner's finances for 2000 and 2001 were sufficient, the 2002 tax return showed net income and net current assets that were both below the required salary. The petitioner's explanations for the shortfall were deemed unpersuasive.

Criteria Discussed

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