EB-3 Dismissed — Software Development (2007): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner, a software development business, failed to establish its continuing ability to pay the proffered wage to the beneficiary, a database administrator. The director found the petitioner's net income and net current assets insufficient from the priority date onward, particularly when considering its obligations to pay wages for eight other sponsored beneficiaries. The submission of amended tax returns after a request for evidence did not overcome these deficiencies.

Criteria Discussed

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