EB-3 Sustained — Venture Capital (2006): the director initially denied the petition, finding the

Decision Summary

The director initially denied the petition, finding the petitioner had not established the ability to pay the proffered wage, particularly noting a net income loss for the 2001 priority year. The appeal was sustained because the AAO, upon review of the financial evidence, determined the petitioner did have the ability to pay. The decision notes that while 2001 showed a loss, the petitioner's taxable income in 2002 was more than sufficient to cover the salary.

Criteria Discussed

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