RFEs Requesting Additional 
Evidence from the Employer of Its Ability to Pay

Dr. William:

My EB2 based I-140 application was filed several months ago by my employer. Now I got a RFE (Request For Evidence) for the employer's ability to pay me the prevailing wage. The USCIS officer does not believe that "the submitted document establishes the ability of the sponsoring employer to pay the I-140 beneficiary the prevailing wage." 

Could you please let me know why they ask this kind of question, and what my employer should do for me in the nest step. Thank you very much.


Answer:

In many cases, due to the burdens of obtaining financial record and concern for the privacy of such information, employers are reluctant to provide financial document that could prove the employer's ability to pay the required prevailing wage. A petition employer should rethink this position to avoid I-140 denial for the alien employee, and provide sufficient documentation required by a particular USCIS examiner in the RFE.

For I-140 applications, USCIS indicates that there can be a number of documents the petitioner may choose to submit to show its financial ability to pay an employee's salary, the USCIS adjudicator is not required to issue an RFE as long as the petitioner sent at least one of the required documents. If the adjudicator does not believe that the particular document establishes the ability of the sponsoring employer to pay the I-140 beneficiary the prevailing wage, then the adjudicator may deny the case with or without an RFE requesting additional evidence from the employer of its ability to pay.

 

 

 

 

 

     

 

 

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