EB-2 Sustained — Computer Software (2006): the director's initial denial was based on a flawed

Decision Summary

The appeal was sustained because the director's initial denial was based on a flawed financial analysis. The director incorrectly determined the petitioner lacked the ability to pay the proffered wage by misreading the company's taxable income and failing to consider all relevant compensation lines on the tax returns, such as 'cost of labor' and 'compensation of officers'. The AAO found the petitioner did demonstrate the ability to pay.

Criteria Discussed

Sign up free to download the original PDF