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 year showed no taxable income, and the argument that a foreign entity would pay the salary was insufficient as regulations require the U.S. employer to prove its own ability to pay.

Criteria Discussed

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