EB-3 Dismissed — Information Technology (2016): 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 evidence, including W-2 forms and tax returns, showed that the beneficiary was paid significantly less than the proffered wage, and the company's net income and net current assets were insufficient to cover the shortfall.

Criteria Discussed

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