EB-3 Dismissed — Software Development (2017): did not establish its ability to pay the proffered wage

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date. The evidence of wages paid to the beneficiary, such as a Form W-2, was issued by a different company without explanation. Furthermore, the petitioner's federal tax returns showed a significant net loss and negative net current assets, neither of which were sufficient to cover the proffered wage.

Criteria Discussed

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