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The Petitioner's net income and net current assets were significantly below the proffered wage in the priority year. Under the Sonegawa totality of circumstances analysis, the Petitioner did not demonstrate a long-standing business reputation, significant growth, or uncharacteristic losses that would offset the financial shortfall. Furthermore, the submitted 2024 profit and loss statement did not meet regulatory requirements for audited financial statements because the auditor could not be identified.

The motion to reopen was dismissed because it did not state new facts, as required by 8 C.F.R. § 103.5(a)(2), by submitting evidence already in the record. The motion to reconsider was dismissed because it failed to demonstrate a misapplication of law or policy and contained arguments previously rejected, consistent with Matter of O-S-G-.

The appeal was dismissed because the Petitioner did not demonstrate the Beneficiary possessed the required two years of skilled labor experience by the priority date. The evidence provided was deemed not credible due to material inconsistencies between the labor certification and the Beneficiary's prior statements to the Department of State. Additionally, the familial relationship between the Beneficiary and the former employer undermined the independence and reliability of the supporting documentation.

The appeal was dismissed because the facts stated in the petition regarding the Beneficiary's education were found to be untrue, constituting willful material misrepresentation. The omission of the Beneficiary's actual college education also cut off a line of inquiry into the authenticity of his job experience. Furthermore, the Petitioner did not provide required financial evidence to demonstrate the ability to pay the proffered wage for years following 2019.