EB-1C Dismissed — International Trade: the petitioner failed to rebut the director's finding that

Decision Summary

The appeal was dismissed because the petitioner failed to rebut the director's finding that it could not demonstrate the ability to pay the proffered wage. The director determined the record did not show that the petitioner had ever employed or paid the beneficiary in the U.S., and the petitioner's argument that payment from a foreign entity was sufficient was unpersuasive. The decision also noted that since the petitioner had ceased operations, the petition approval would have been automatically revoked anyway.

Criteria Discussed

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