Ability to during Labor Certification

[Kathi]

My company has just started doing business and has no cash assets but started to pay me the prevailing wage 2 months ago and is going to file for a green card for me.

What can convince the Labor Department that my company has the ability to pay the prevailing wage?
Why is the ability to pay determined at LC stage instead of I-140 stage?

[Kathi]

My company has just started doing business and has no cash assets but started to pay me the prevailing wage 2 months ago and is going to file for a green card for me.

What can convince the Labor Department that my company has the ability to pay the prevailing wage?
Why is the ability to pay determined at LC stage instead of I-140 stage?

[BronzeLady]

Ummm.....because that's a LABOR department issue not CIS issue.....duh!

[Kathi]

If the ability of paying the prevailing wage is a LABOR department issue than why with an approved LC BCIS denies I-140 because of no ability to pay a prevailing wage.

Approved LC means the ability of paying the prevailing wage is certified, isn't it?

Please explain again.

[marmaduk]

Usually Labor Dept will deny it first. BCIS might conduct RFE if they see something they didn't like, and based on the response, they might deny it too. Its well within their right.