EB-1C Sustained — Management (2014): the director denied the petition, concluding that the

Decision Summary

The director denied the petition, concluding that the petitioner's negative net income on its tax returns meant it lacked the ability to pay the proffered wage. The AAO sustained the appeal, reasoning that despite the net losses, the petitioner's tax returns showed it paid over $1.7 million and $2.2 million in salaries in consecutive years, which demonstrated a sustainable ability to pay the beneficiary.

Criteria Discussed

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