Announcement

Collapse
No announcement yet.

I-140 RFE: Ability to pay issues, help!

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • I-140 RFE: Ability to pay issues, help!

    Hi all, just wanted some feedback from you guys. A small company is sponsoring me for an EB2. With the I140, they submitted the 2005 corp tax forms, W-2s (2006) of prior employees, balance sheets, financial statements, line of credit. The net income and to my understanding, the net asset didn't make it to the prevailing wage amount. I am NOT currently employed by them and I am out of the country. We got a RFE requesting for the 2006 corp tax return and all attachements. The approved LCA was filed 12/14/2006.

    Questions:
    Is the USCIS very strict in adhering to those 3 financial criteria they consider as indicative of ability to pay: net income, net asset and currently paying the prevailing wage to beneficiary?

    Have they approved I-140s not based on any of those? The company who is petitioning me is fairly new and doesn't yet have a track record. They wanted to show that the previous employees salaries would transfer to me since the job is now vacant. Would the USCIS accept this?

    I am getting anxious and hope anyone can give some input on this. Thanks.

    dsd

  • #2
    Hi all, just wanted some feedback from you guys. A small company is sponsoring me for an EB2. With the I140, they submitted the 2005 corp tax forms, W-2s (2006) of prior employees, balance sheets, financial statements, line of credit. The net income and to my understanding, the net asset didn't make it to the prevailing wage amount. I am NOT currently employed by them and I am out of the country. We got a RFE requesting for the 2006 corp tax return and all attachements. The approved LCA was filed 12/14/2006.

    Questions:
    Is the USCIS very strict in adhering to those 3 financial criteria they consider as indicative of ability to pay: net income, net asset and currently paying the prevailing wage to beneficiary?

    Have they approved I-140s not based on any of those? The company who is petitioning me is fairly new and doesn't yet have a track record. They wanted to show that the previous employees salaries would transfer to me since the job is now vacant. Would the USCIS accept this?

    I am getting anxious and hope anyone can give some input on this. Thanks.

    dsd

    Comment


    • #3
      I found this on the USCIS website. Perhaps it will help?

      EB-2 Eligibility and Filing

      The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

      A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

      Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

      In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

      An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;


      Letters documenting at least ten years of full-time experience in the occupation being sought;


      A license to practice the profession or certification for a particular profession or occupation;


      Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


      Membership in professional associations;


      Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
      If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

      Application Procedures
      USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

      EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

      If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

      Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by dsd:
        Hi all, just wanted some feedback from you guys. A small company is sponsoring me for an EB2. With the I140, they submitted the 2005 corp tax forms, W-2s (2006) of prior employees, balance sheets, financial statements, line of credit. The net income and to my understanding, the net asset didn't make it to the prevailing wage amount. I am NOT currently employed by them and I am out of the country. We got a RFE requesting for the 2006 corp tax return and all attachements. The approved LCA was filed 12/14/2006.

        Questions:
        Is the USCIS very strict in adhering to those 3 financial criteria they consider as indicative of ability to pay: net income, net asset and currently paying the prevailing wage to beneficiary?

        Have they approved I-140s not based on any of those? The company who is petitioning me is fairly new and doesn't yet have a track record. They wanted to show that the previous employees salaries would transfer to me since the job is now vacant. Would the USCIS accept this?

        I am getting anxious and hope anyone can give some input on this. Thanks.

        dsd </div></BLOCKQUOTE>

        Hi dsd: I can relate fully with your concerns and your worries because I went through the same process. Only mine happened during the pre-PERM era, a few moons ago. But my lawyer was very open and supportive when we got the same request for evidence. He and his staff were keeping me posted every little step of the way. And we succeeded. I think petitioners' overcoming the ability to pay burden is common in EB-2 cases. The USCIS is ensuring fully that an alien does gain employment-based permanent residency thru valid offer of a full-time, permanent employment by a "financially capable" US employer. Lest you just gain immigration benefits, be out on the streets upon landing, and left with no choice but seek government assistance from the next day onwards. The key here is for your employer to demonstrate such capability. Your attorney should be able to help. Good luck.
        Proud Fil-Am!

        Comment

        Sorry, you are not authorized to view this page

        Home Page

        Immigration Daily

        Archives

        Processing times

        Immigration forms

        Discussion board

        Resources

        Blogs

        Twitter feed

        Immigrant Nation

        Attorney2Attorney

        CLE Workshops

        Immigration books

        Advertise on ILW

        EB-5

        移民日报

        About ILW.COM

        Connect to us

        Questions/Comments

        SUBSCRIBE

        Immigration Daily



        Working...
        X