EB-1C Dismissed — Digital Marketing (2019): did not establish its continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to establish its continuing ability to pay the beneficiary's proffered wage. The Director found the petitioner could pay in 2016 but not in 2017. On appeal, the petitioner claimed that various business expenses were part of the beneficiary's compensation, but provided no credible evidence, like a Form 1099-MISC, to substantiate this claim and link the deductions to the beneficiary's income.

Criteria Discussed

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