Real Estate Manager

The appeal was dismissed because the Petitioner failed to establish that the Beneficiary possessed the 36 months of experience in the job offered as required by the labor certification. The record did not resolve discrepancies regarding the Beneficiary's employment history, and the prior experience cited was not in the specific real estate field required by the job duties. Consequently, the Beneficiary did not meet the minimum qualifications for the skilled worker classification.

The appeal was dismissed because the Petitioner, a single-member LLC, failed to demonstrate its continuing ability to pay the proffered wage. USCIS determined that only the LLC's finances could be considered, not the owner's personal finances, despite the LLC being a 'disregarded entity' for tax purposes. The LLC's net income was negative in 2022 and 2023, and other factors did not sufficiently establish its ability to pay.

The motion to reopen was dismissed because it did not state new facts, providing only tax returns and articles already present in the record. The motion to reconsider was dismissed because it failed to address the grounds of the prior decision and instead re-argued merits regarding the ability to pay and the materiality of the concealed sibling relationship.

The Petitioner's 2022 tax return reflected a net income of $13,344 and net current assets of -$122,078, which failed to cover the wage deficit. Furthermore, the Petitioner did not meet the regulatory requirements for documenting the Beneficiary's experience under 8 C.F.R. § 204.5(l)(3)(ii)(A).