EB-1C Dismissed — International Trade (2021): did not establish its ability to pay the beneficiary's

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered wage from the date of filing. The provided tax returns and financial statements showed insufficient net income and net current assets to cover the salary. The AAO rejected the petitioner's arguments that different standards should apply to a self-owned company or that the proffered wage could be lowered after filing, as these claims lacked legal support.

Criteria Discussed

Sign up free to download the original PDF