H-1B Dismissed — Finance: did not establish it was a viable, ongoing business entity

Decision Summary

The appeal was dismissed because the petitioner failed to prove it was a viable, ongoing business entity at the time the petition was filed. The evidence presented was inconsistent and contradictory, particularly regarding the company's operational status, as an independent auditor noted the partnership had ceased its business activities. The petitioner did not resolve these inconsistencies and failed to establish it met the definition of a U.S. employer with a bona fide job offer.

Criteria Discussed

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