EB-1C Dismissed — Management (2011): although the AAO withdrew the director's initial reason for

Decision Summary

Although the AAO withdrew the director's initial reason for denial (that the beneficiary self-filed the petition), the appeal was ultimately dismissed. The petitioner failed to establish its ability to pay the beneficiary's proffered annual salary from the priority date onward, which is a fundamental requirement. The evidence on record, including tax returns, did not demonstrate sufficient financial resources to cover the wage.

Criteria Discussed

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