Posted by: Beltran April 10, 2008
EB-2 IMPORTANT QUESTION
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As long as you have maintain 5 years of expereince in professional capacity, you should be just fine to meet the labor requirements from your side. Again, of course, USCIS will look into your employer's ability to pay salary offered in Labor Cert. usually EB 2 salary ranges between 70K to 100K depending on your job titles and states where the company is located. This Figure is for IT position (software engg or project manager), as you can not file EB under programmer analyst which can be audited by labor. best title for EB 2 is IT project manager or if you are business professional, Sr. Business Analyst or Sr. Financial Analyst would be good.

In terms of employer's ability to pay the salary to you, USCIS looks for several things,

1) If Net income in tax returns show more than the offered salary - you case is can get approved**

2) If Net current assets is more than offered wage -- case can get approved **

3) if Employer not only employing you but is paying the salary more than offered wage, you case can get approved.

** this theory does not apply when your employer is filing too many GC. If it is the case, USCIS may ask your employer to show the fund to pay all greencards. example, if employer has 20 GC pending with average offered wage of 80K, then your employer has to have at least 1.6 Million in net current assets or net income-- again, employer can subtract the salary paid to these gc applicants towards ability to pay -- in a sense, if all these 20 employees are getting significant amount of salary since filing the Labor cert, then all the cases can get approved including yours.

Just find out if your company is not making lots of money or files too many gc, then that will not be a good company to file with in first place as your case can be denied due to ability to pay of the petitioner.

 

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