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Request
For Evidence from USCIS for Employer's Ability to Pay |
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Request
For Evidence from USCIS for Employer's Ability to Pay |
| Hi
William, We recently received an Request For Evidence from USCIS for our Form I-140 petition, asking for employer's evidence of "ability to pay". Does this mean that our Form I-140 may be denied? Answer, The employer's "ability to pay" is a requirement for the employer filing an Form I-140 immigrant petition. The petition should demonstrate that the U.S. employer has sufficient money to pay the offered wage for the alien applicant with the permanent of full-time position within the company. To approve an Form I-140 petition, the USCIS requires proof of the company's ability to pay the offered wage, starting with the labor certification filing date. USCIS will deny the Form I-140 petition if the employer is failed to establish the ability to pay the offered wages. If your petition is denied due to this reason, the petitioner can file a motion to reopen the case, and try to obtain the I-140 approval if there is new evidence. The following issues may indicate the employer's failure to establish the ability to pay the offered wages: 1) the employer's years of a
negative revenue;
2) the employer's financial fluctuations were unusual, and reflect the overall ability of the company to meet its wage obligations; 3) the employer has an unusual set of setbacks in business and income; 4) the employer has a serious other conditions in the business. |
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