EB-3 Dismissed — Computer Science (2006): 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 petitioner's federal tax returns for 2001, 2002, and 2003 all showed a net taxable income substantially lower than the proffered wage of $79,872. The AAO found that neither the net income, wages already paid, nor the petitioner's assets were sufficient to establish the ability to pay.

Criteria Discussed

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