EB-3 Dismissed — Software Development (2006): 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 beneficiary the proffered wage from the priority date. The petitioner's financial records, including tax returns for the sole proprietorship, did not show sufficient net income or assets to cover the wage gap, as the wages actually paid were consistently below the proffered amount.

Criteria Discussed

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