Hi All,
Here is the news article published in www.immigration-law.com It's a good news for lot of people working for small companies.
Updated 07/17/2002: Alien's W-2 and Proof of Employer's Ability to Pay in Green Card Proceedings
The economic downturn has definitely affected the financial picture of the U.S. employers, particularly small companies. In I-140 immigrant worker petitions, the Service Centers have been growingly demanding the proof of employer's financial ability to pay. The U.S. employers and their immigration lawyers have been struggling to deal with this issue and a number of their cases have been denied.
One of the arguments the U.S. employers have been advancing in dealing with the Service Centers was that the alien was currently "employed and paid salary." However, some adjudicators have denied despite such evidence if they saw poor financial picture for the company either in business tax returns or financial statement.
The INS HQ says "no more!" It confirmed to the AILA in a liaison meeting that the alien's W-2 with the employer should be enough to prove the financial ability to pay the salary for the green card proceeding and reminded the AILA that should any ignorant adjudicator argues otherwise, the employers should telll the officer that the INS HQ said that W-2 is a good enough evidence.
Isn't it a beauty?
Here is the news article published in www.immigration-law.com It's a good news for lot of people working for small companies.
Updated 07/17/2002: Alien's W-2 and Proof of Employer's Ability to Pay in Green Card Proceedings
The economic downturn has definitely affected the financial picture of the U.S. employers, particularly small companies. In I-140 immigrant worker petitions, the Service Centers have been growingly demanding the proof of employer's financial ability to pay. The U.S. employers and their immigration lawyers have been struggling to deal with this issue and a number of their cases have been denied.
One of the arguments the U.S. employers have been advancing in dealing with the Service Centers was that the alien was currently "employed and paid salary." However, some adjudicators have denied despite such evidence if they saw poor financial picture for the company either in business tax returns or financial statement.
The INS HQ says "no more!" It confirmed to the AILA in a liaison meeting that the alien's W-2 with the employer should be enough to prove the financial ability to pay the salary for the green card proceeding and reminded the AILA that should any ignorant adjudicator argues otherwise, the employers should telll the officer that the INS HQ said that W-2 is a good enough evidence.
Isn't it a beauty?