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The Ability to Pay Question for EB-1 Multinational Manager or Executive Petition

Hi William,

I am in L1A visa. 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 EB-1C Green Card application?


The U.S. regulations require that every employment-based immigrant visa petition must be accompanied by evidence that the U.S. employer has the ability to pay the “proffered” wage as of the priority date continuing until the date the beneficiary obtains permanent residence or the “green card”. For employment-based petitions that do not involve a labor certification (EB-1 and EB-2 NIW), the proffered wage is set by the employer.

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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