EB-3 Dismissed — Software Development (2016): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The petitioner's 2013 tax return showed a significant net loss and negative net current assets, and the wages paid to the beneficiary were less than the required amount. The petitioner did not submit its 2014 tax return or audited financial statements to demonstrate sufficient funds to cover the wage shortfall.

Criteria Discussed

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