Dismissed
EB-1C
EB-1C Dismissed — Tobacco Retail (2023): did not establish it had been doing business for at least
Decision Summary
The appeal was dismissed because the petitioner failed to establish it had been doing business for at least one year prior to filing the petition in December 2018, admitting that its operations only began in 2019. Additionally, the petitioner did not submit sufficient evidence to demonstrate its ability to pay the beneficiary's proffered wage from the priority date onwards, as the tax returns provided were for subsequent years.
Criteria Discussed
Doing Business For At Least One Year Ability To Pay Proffered Wage Qualifying Relationship Beneficiary'S Employment Abroad In A Managerial/Executive Capacity Beneficiary'S Proposed Employment In The U.S. In A Managerial/Executive Capacity Willful Misrepresentation Of Material Facts
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