EB-1C Dismissed — Retail Sales: did not establish its ability to pay the beneficiary's

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the beneficiary's proffered salary. The director noted the petitioner's 2004 tax return showed a net loss of $27,062. The AAO found the petitioner's arguments, which relied on gross sales and bank balances, unpersuasive as this evidence did not overcome the net loss shown on the tax return.

Criteria Discussed

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