EB-3 Dismissed — Software Development (2006): did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the proffered wage from the priority date. The director noted the petitioner's net income and net current assets for the relevant year were insufficient to cover the wage. Furthermore, the petitioner failed to resolve inconsistencies in the record, such as a mismatch between the employer identification number on the tax returns and the one on the petition.

Criteria Discussed

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