Staff Accountant

The motion to reopen failed to establish a valid successor-in-interest relationship due to inconsistent and unreliable documentation regarding the transfer of assets. Additionally, the Beneficiary did not demonstrate that his three-year foreign degree was equivalent to a U.S. bachelor's degree as required by the EB-3 professional category.

The appeal was dismissed because the Petitioner did not demonstrate the continuing ability to pay the proffered wage from the priority date. The company's net income and net current assets were negative, and the record lacked evidence of the Petitioner's reputation or uncharacteristic expenditures to justify a totality of circumstances finding. Legal precedent prevents the consideration of assets from separate legal entities or shareholders to satisfy the employer's wage obligation.

The Petitioner failed to establish the ability to pay the proffered wage through net income or net current assets as shown on IRS Form 1120S. Additionally, the totality of circumstances under Matter of Sonegawa did not support eligibility, as there was no evidence of uncharacteristic losses or significant industry reputation. The submitted financial statements were unaudited and therefore not persuasive under 8 C.F.R. § 204.5(g)(2).

The appeal was dismissed because the Petitioner did not establish a continuing ability to pay the proffered wage from the priority date of August 8, 2011, onward. Specifically, the Petitioner failed to submit the mandatory financial evidence required by 8 C.F.R. § 204.5(g)(2) and did not explain the unavailability of such records.