EB-3 Dismissed — Software Engineering: did not establish a continuing ability to pay the proffered

Decision Summary

The appeal was dismissed because the petitioner failed to establish a continuing ability to pay the proffered wage from the priority date. The petitioner paid the beneficiary less than the proffered wage in 2002 and did not sufficiently demonstrate through its tax returns or other financial evidence that it could cover the difference, a finding compounded by a large Department of Labor fine for failure to pay other workers.

Criteria Discussed

Sign up free to download the original PDF