EB-3 Dismissed — Computer Science (2006): 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 from the priority date. The evidence, including tax returns and W-2 forms, showed that the wages actually paid to the beneficiary in 2001, 2002, and 2003 were significantly less than the proffered wage. The petitioner did not establish through other means, such as net income or net current assets, that it could cover the difference.

Criteria Discussed

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