EB-1C Dismissed — Finance (2009): the director denied the petition because the petitioner

Decision Summary

The director denied the petition because the petitioner failed to establish its ability to pay the beneficiary's proffered wage for the year 2008. The AAO upheld this decision, finding that the evidence provided, such as unaudited financial statements and partial payroll records for 2008, was insufficient to prove the company could afford the salary.

Criteria Discussed

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