EB-3 Dismissed — Software Development (2023): 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 proffered wage from the priority date. The company's tax returns for 2020 and 2021 showed significant net losses and net current liabilities, and it did not submit sufficient evidence, such as its 2022 tax return, to overcome these deficiencies or to demonstrate that the losses were temporary or uncharacteristic.

Criteria Discussed

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