dismissed
EB-1C
dismissed EB-1C Case: Restaurant Business
Decision Summary
The appeal was dismissed because the petitioner failed to establish its ability to pay the beneficiary's proffered wage. The petitioner's tax returns for the relevant years showed no or negligible income, which was insufficient to cover the $48,000 salary. The argument that the foreign entity would pay the salary did not relieve the U.S. petitioner of its regulatory burden to demonstrate its own ability to pay.
Criteria Discussed
Ability To Pay Proffered Wage Doing Business Qualifying Managerial Or Executive Capacity
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