EB-3 Dismissed — Computer Science: 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 of $70,000 per year, starting from the priority date. The director and the AAO found that the petitioner's financial evidence, including tax returns, did not show sufficient net income or assets to cover the salary. The petitioner's argument that it could use funds paid to temporary workers was rejected as unsubstantiated.

Criteria Discussed

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