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

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage. The director determined that the petitioner did not demonstrate the continuing ability to pay based on its net income or net current assets for the relevant years. The director also rejected the petitioner's amended tax returns as the accounting change was not in effect at the time of filing and there was no proof the IRS had accepted them.

Criteria Discussed

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