EB-1C Dismissed — It Product Import/Export (2022): did not establish a continuing ability to pay the

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate a continuing ability to pay the beneficiary's proffered wage. While the AAO found that the Director's initial reason for denial regarding the 2017 fiscal year was mistaken, it determined that the petitioner's 2018 tax returns showed insufficient net income and negative net current assets, proving it could not pay the full proffered wage in subsequent years as required.

Criteria Discussed

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