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

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

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