Question details
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?
2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?
3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?
4. Why are prorated net assets not sufficient evidence to support ability to pay?
5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?
1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.
2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.
I found working with Mr. Khanna and his team to be a pleasant experience. I changed my status from F1 to a Religious worker visa. I was very anxious during this process but I was at peace knowing that the people who were helping me through this process were able and competent professionals. Mr. Khanna was every personable and was eager to clarify all my questions. Also, Mr. Khanna contacted my employer on several occasions in order to explain the legalities involved in filing for the Religious worker visa, for this was the first time my employer had hired a foreign national. I would also like to express my thanks and appreciation to Ms. Anna Baker, who was my primary contact at the Law Offices of Rajiv Khanna.