EB-1C Dismissed — Transportation (2015): 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 from the petition's filing date. The petitioner's tax returns showed significant net income losses for multiple years, and the AAO affirmed that it could not consider the financial assets or support of the petitioner's parent company, as it is a distinct legal entity.

Criteria Discussed

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