EB-1C Dismissed — Travel (2018): did not establish its ability to pay the beneficiary's

Decision Summary

The appeal was dismissed because the petitioner, the U.S. employer, failed to establish its ability to pay the beneficiary's proffered wage. The petitioner's argument that its foreign parent company would pay the salary was rejected, as the regulations require the U.S. entity to demonstrate financial viability. The petitioner's tax returns showed a significant net income loss and negative net current assets, confirming it could not pay the salary.

Criteria Discussed

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