Posted by: santoshgiri July 23, 2010
Urgent: Greencard from a Small Company
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ABILITY TO PAY PROFFERED WAGE IN I-140 PETITIONS


8 C.F.R. 204.5(g) (2)

Ability of prospective employer to
  pay wage
: Any petition filed by or for an employment-based immigrant which
  requires an offer of employment must be accompanied by evidence that the prospective
  United States employer has the ability to pay the proffered wage
.

The
  petitioner must demonstrate this ability at the time the priority date is
  established and continuing until the beneficiary obtains lawful permanent
  residence.

Evidence of this ability shall be either in the form of copies of
  annual reports, federal tax returns, or audited financial statements. In
  appropriate cases, additional evidence, such as profit/loss statements, bank
  account records, or personnel records, may be submitted by the petitioner or
  requested by the Service.

Ability to pay in the year of filing
  can be demonstrated by one of the following most common ways
  of satisfying 8 C.F.R. Section 204.5(g)(2).:





(1) The petitioner’s net income in the year of filing
  was equal to or greater than the proffered wage; or



(2) The petitioner’s net current assets in the year of
  filing were equal to or greater than the proffered wage; or



(3) The petitioner paid the beneficiary a salary equal
  to or greater
than the proffered wage in that year.



A petitioner must file a fully
completed Form 1-140 along with initial evidence establishing its ability to
pay the beneficiary the proffered wage, as specified under 8 CFR 204.5(g)(2)
which may include copies of:




(1) Annual reports, or



(2) Federal tax returns, or



(3) Audited financial statements

(4) Business Plan with PROJECTED REVENUES.





Te petitioner must submit a copy of at least one of these .





USCIS has also acknowledged that employers may submit
secondary sources of information to supplement the required initial evidence,
but that the USCIS will review such evidence in their sole and absolute
discretion.


 
  Though
  the sponsoring employer does not have
  to pay the foreign national the proffered wage until the foreign national has
  received their green card
, the employer has the on-going burden of
  proving their ability to pay.

This obligation begins when the foreign national's priority date is established
  and ends only when the foreign national receives their green card, at which
  point in time the employer is responsible for actually paying the proffered
  wage.

It must be noted that the petitioner is not obligated to pay the
  proffered wage until the beneficiary’s legal permanent residence is granted.

 


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