EB-3 Sustained — Information Technology: the director initially denied the petition, concluding the

Decision Summary

The director initially denied the petition, concluding the petitioner had not demonstrated a continuing ability to pay the proffered wage. The AAO sustained the appeal, finding that the petitioner's financial evidence, including federal tax returns and financial statements, was sufficient. The AAO's review of the petitioner's net income and net current assets from 2002 to 2004 established that the company did have the financial resources to pay the beneficiary's salary.

Criteria Discussed

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