EB-1C Dismissed — Diamond Wholesale (2013): 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 of $50,000. The director found that the petitioner's tax returns showed net losses for multiple years, and the foreign parent company also had a net loss. The evidence submitted on appeal was insufficient to overcome the initial finding that the petitioner could not pay the required salary from the priority date.

Criteria Discussed

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