EB-3 Dismissed — Software Development: did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a software development firm, failed to establish its continuing ability to pay the proffered wage of $89,500 per year from the priority date. The evidence, including federal tax returns for 2001, 2002, and 2003, showed that the petitioner's net income and net current assets were insufficient to cover the proffered salary.

Criteria Discussed

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