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.
My sincere thanks to Mr Rajiv Ji and Mr Kunal Ji. I got my I-140 denial decision reversed in 7 months. I have this issue since 2012. I-140 originally files in 2007 and since then its been under initial review and received RFE/NOID In 2012. We approached the same attorney who was handling my I-140 and that didnt go well and ultimately it was denied. We approached Rajiv along with my employer and were in discussion for 20/30 minutes and said winning this case is fairly possible. Even I-140 petition wasnt supplied by previous attorney. Rajiv and Khanna briefed their arguement with me and asked me if i have any concerns so that they can add those in their arguement and discussed cons and pros and finally draft been finalized and sent appeal(I-290 B) to the AAO office. Our arguement was purely based on Labor copy and in 7 months appeal sustained and initial decision has been reversed and they approved I-140. We are now waiting for the approval copy so that have to go further and repair few more things. I am happy to say that i am going with Rajiv office to correct other things as well. WIth huge relief -Satish