EB-1C Dismissed — Architectural Engineering (2015): 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 petitioner's tax return showed a substantial net loss and its net current assets were insufficient to cover the salary. Arguments that the foreign parent company would provide the funds or pay the salary directly were not sufficient to demonstrate the U.S. petitioner's own ability to pay.

Criteria Discussed

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