dismissed
EB-3
dismissed EB-3 Case: Software Development
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. Although the beneficiary was paid the full wage in 2003, the petitioner did not demonstrate it had sufficient net income or net current assets to pay the wage in 2002. The petitioner's financial instability was further evidenced by a large fine from the Department of Labor for failure to meet payroll obligations.
Criteria Discussed
Ability To Pay Proffered Wage
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