EB-1C Dismissed — Business (2009): did not establish its ability to pay the beneficiary's

Decision Summary

The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage from the priority date forward. The petitioner's 2006 tax return showed a negative taxable income, and evidence submitted on appeal, such as a 2007 profit and loss statement and a contract proposal, was deemed insufficient as it did not cover the required time period or failed to substantiate the proffered wage.

Criteria Discussed

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