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

Decision Summary

The appeal was dismissed because the petitioner, a U.S. corporation, failed to establish its ability to pay the beneficiary's proffered wage. The petitioner's tax returns showed significant net income losses and negative net current assets. The AAO affirmed the director's decision, clarifying that the financial ability of the foreign parent company cannot be substituted for the U.S. petitioner's ability to pay.

Criteria Discussed

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