EB-1C Dismissed — Toy Trade (2022): the U.S

Decision Summary

The appeal was dismissed because the U.S. petitioner failed to demonstrate its ability to pay the beneficiary's proffered wage. The petitioner argued that its foreign affiliate could pay the wage, but the AAO determined that under regulations, the prospective U.S. employer must independently establish its own ability to pay, which it failed to do based on its tax returns.

Criteria Discussed

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