dismissed
EB-3
dismissed EB-3 Case: Software Development
Decision Summary
The appeal was dismissed because the petitioner failed to establish its ability to pay the proffered wage of $72,000 per year, as required from the priority date onwards. The evidence showed that the wages actually paid to the beneficiary in 2004 were $9,000 less than the proffered amount. For 2005, the beneficiary's regular compensation was also below the prorated proffered wage after excluding non-guaranteed commissions and bonuses.
Criteria Discussed
Ability To Pay The Proffered Wage
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