Outside Sales Representative

The appeal was dismissed because the Petitioner failed to demonstrate its ability to pay the proffered wage of $62,504 from the priority date of March 22, 2021. The Petitioner's 2021 tax returns showed insufficient net income ($8,976) and no reported net current assets. The personal assets of the owner were not considered, as a corporation is a distinct legal entity. Bank statements were deemed insufficient to prove sustained ability to pay, and the Petitioner did not provide adequate evidence of business growth or financial recovery to overcome the deficit.

The appeal was dismissed because the Petitioner's net income and net current assets were insufficient to cover the proffered wage for the years 2021 and 2022. Additionally, the Petitioner did not provide a sufficient explanation of profit potential or how increased revenues would offset costs to meet the wage requirements under the totality of circumstances (Sonegawa) analysis.

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.

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).