EB-1C Dismissed — Restaurant Business (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 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

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