EB-3 Dismissed — Information Technology (2007): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. The evidence, including W-2 forms for 2001-2003, showed the beneficiary was paid less than the proffered wage, and the petitioner did not demonstrate through its net income or net current assets that it could cover the difference during those years.

Criteria Discussed

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