EB-1C Dismissed — Investment (2006): 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 salary at the time of filing. The petitioner's attempt to amend the proffered salary from $72,000 to $36,000 on appeal was rejected, as material changes cannot be made to a deficient petition. Based on the original salary, the evidence, including tax returns showing a significant loss, was insufficient to prove the ability to pay.

Criteria Discussed

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