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 would like to extend my warmest thanks to Mr. Rajiv S. Khanna and his team for the professional and through work they have done for our company regarding immigration issues in the USA.
The team has ensured that all needed details were collected in a pleasant and orderly manner; and have produced an organized and coherent document.
I appreciate your attention to detail and relentless determination to convey quality service on time.
The extra time and effort you put in didn’t go unnoticed, We will certainly send any future queries requiring immigration issues to your office.
It is a true pleasure for me to work with such dedicated colleagues.
Warm Regards,
Efi Haber Naor
Efi Haber ● VP HR and Infrastructure
Mobile +972-54-2555530 ● Tel +972-3-7679015 ● Main +972-3-7679000 ● Email efih@medinol.com
Kiryat Atidim, Building 8, 35th floor, Tel Aviv 6158101, Israel ● www.medinol.com
8 Campus Drive, Parsippany, NJ 07054