Guestbook Entry for Manoj Madhavan, United States
Name
Manoj Madhavan
Country
United States
State
Georgia
Search
Ability to Pay
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.
Guestbook Entry for Raja R. Iyengar, United States
Name
Raja R. Iyengar
Country
United States
State
Virginia
Comment
Rajiv and his team bring an unprecedented level of expertise in the matters relating to immigration, and I, personally, and my organization have used their services on a number of occasions with a 100% success rate. The principal reason is their mastery of the overall process in general, but more importantly their keen understanding of the subtleties and nuances of unique circumstances that need special treatment/attention. We are gung-ho on them and have no hesitation in recommending them to anyone.
Civil Fines and Criminal Penalties for Form I-9 Violations
Employers have certain responsibilities under immigration law during the hiring process. The employer sanctions provisions, found in section 274A of
Discrimination Lawsuit Filed Against Infosys by a U.S. Citizen - Koehler v. Infosys
This is a discussion by Rajiv regarding the complaint filed by a U.S Citizen against Infosys for National Origin Discrimination. The essence of the complaint is that infosys discriminates in hiring against persons who are not of South Asian descent.
Video:
Great team at Attorney Khanna's office. Excellent work done by Gene Oxford and Anna Baker for my employee's H1.