EB-1C Remanded — Management Services (2006): the director initially denied the petition, concluding the

Decision Summary

The director initially denied the petition, concluding the petitioner had not demonstrated the ability to pay the proffered wage based on tax returns from 2002 and 2003 which showed net losses. On appeal, the petitioner submitted its 2004 tax return showing a net income sufficient to cover the beneficiary's salary. Because this evidence established the petitioner's ability to pay as of the priority date, the AAO remanded the case for a new decision.

Criteria Discussed

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