EB-3 Dismissed — Internet Security (2007): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the proffered wage from the priority date. The petitioner's tax returns showed a net loss, and the wages actually paid to the beneficiary were substantially less than the proffered amount. The petitioner did not provide sufficient evidence, such as net current assets, to demonstrate it could cover the wage deficit.

Criteria Discussed

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