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The Employer's Ability to Pay for EB1A Green Card Application

Hi William:

I am in L1A visa now, and my employer will help me to apply for the EB-1 Multinational Manager or Executive Green Card. My salary on the L1A visa application form is very high, but the company may have problem to pay me the number on the visa application form in the future. Do you think this will affect my EB1A Green Card application?


The U.S. Employer must prove that it has the “ability to pay” the applicant at the time the EB-1 Multinational Manager or Executive Green Card application is filed, and also at the time the application is approved.

The U.S. employer must provide its tax return at the time the green card application is filed. It may also have to provide its tax return later, while the application is being processed. The tax returns must show that EITHER the U.S. employer’s net income (profit) OR net assets are greater than the salary offered to the applicant. In the alternative, the U.S. employer can provide evidence that the applicant is already on its payroll and already receives the wage offered in the green card application.

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