Dismissed
EB-1C
EB-1C Dismissed — Structural Engineering (2020): did not establish its ability to pay the proffered wage
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate its ability to pay the proffered wage from the priority date onward. The petitioner provided unaudited financial statements and bank statements, which are not the type of primary evidence required by regulation, and failed to submit audited financial statements, federal tax returns, or annual reports. The petitioner also did not account for its ability to pay the wages for another beneficiary for whom it had also filed a petition.
Criteria Discussed
Employment Abroad In A Primarily Executive Capacity Prospective Employment In A Primarily Executive Capacity Petitioner Is Doing Business Ability To Pay Proffered Wage One Year Of Qualifying Employment Abroad
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