EB-1C Dismissed — Business (2013): did not establish the U.S

Decision Summary

The appeal was dismissed because the petitioner failed to establish the U.S. entity's ability to pay the beneficiary's proffered wage. The AAO affirmed that only the financial documents of the prospective U.S. employer, not the foreign entity, are relevant for this determination. Additional adverse findings included the petitioner's failure to prove the beneficiary was employed in a qualifying capacity abroad, would be employed in a qualifying capacity in the U.S., and that the petitioner was actively doing business.

Criteria Discussed

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