Question details
What is ability to pay wages and how do employers prove to the USCIS that they have the ability?
At the I-140 stage, USCIS requires documentation that the employer can afford the employee's proffered wage and will be able to continue doing so in the foreseeable future. In this regard, employers must prove that: (1) the employer’s taxable income is equal to or greater than the proffered wage; or (2) the employer's net current assets are equal to or greater than the proffered wage; or (3) credible verifiable evidence that the employer is not only employing the beneficiary but also has paid, or is currently paying, the proffered wage.
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