A Complete RFE for an EB1/EB2(NIW) case

R

Rolling Hills

Registered Users (C)
The following is the RFE I got for my EB1/EB2(NIW) case. I have changed employers three (3) times since filing my application for adjustment of status. I have worked in universities since I graduated.

Tell me what I am going to submit please！ Your explanation for the RFE (especially the Item 4 and Item 5) is welcomed and encouraged!


0. ......

1. Submit a currently issued letter or other evidence from the prospective permanent employer that indicate your current position, if any, your proffered position, and proffered wage and indicating that the terms and conditions of the employment petition continue to exist.

2. If you have changed employers since filing your application for adjustment of status, the letter shall be issued by your current and new prospective permanent employer. This letter must specify the duties of the position, requirements of the position, job title, wage, and the date you actually began employment.

3. Finally, if you have changed employers since filing your application for adjustment of status, please submit a statement including the names of all employers and the beginning and ending dates of each employment.

4. In addition, if you have changed employers, submit evidence to establish that your permanent employer has the ability to pay the proffered wage in accordance with Title 8, Code of Federal Regualtions Part 204.5 (g)(2). Such evidence may include, but is not limited to: a copy of their latest annual report; a copy of their most recently filed U.S. Federal Income Tax Return(s); IRS Forms 941 for the past four quarters; copies of IRS Forms W-2 showing the salary paid to you; copies of cancelled payroll checks (both sides) demonstrating your earnings from the new employer; and copies of audited financial statements covering the new employer's most recent fiscal or calendar year.

5. Note: If your new employer has 100 workers or more, you may, in lieu of the above, submit an original, signed statement from the Chief Financial Officer of the organization which descrbe their ongoing ability to pay the offered wage.
 
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for 4 & 5 are the same depednig on the no of employess your pemanent employer has. Asuuming you are wrking for an organization with more then 100 employess the CFO just needs to commit/state that the company commits to pay the proffered wage as mentioned i your 140 petition.

If your organization has less than 100 employees, u need to get your employer to show his tax returns. The docs can be any combination of the docs listed. If your comany has a good financila standing then its no issue. If it does not then u need to somehow prove your comapny's ability to pay. I would suggest u read one of unitednations posting on how to work around the ability to pay issue. I will look for it as well. request to search the forum.

Cheers

Tanjar
 
What does proffered position or proffered wage mean?

Tanjar, thank you very much! However, my case is self-petitioned case. I am not sure whether the proffered wage fits my case or not because I sponsored myself when I submitted my I-140. I have asked the University's controller office (financial office) to write a letter saying the school has the ability to pay my salary in order to satisfy Item 5.

Anyone, more thoughts?
 
RFE for an EB1/EB@(NIW)

Rolling Hills,

In EB1 or EB2 (NIW) categories, you do not need to have an offer of permanent
employment to be approved. Obviously the officer either did not realize that your
case was such or is not aware of this requirement. In the case of NIW, particularly
those filed a few years back before the I-140 forms were updated to have a box
particular to NIW, this is quite common. What you (or your attorney) need to do
is write a letter stating that your case does not require offer of permanent employment
(and, hence, anything that comes because of it such as ability to pay, etc.) by
statute. Just quote the relevant paragraphs from statute and include a copy of
your I-140 approval notice and, perhaps, the original I-140 petition.

However, they can always ask you to provide evidence that the conditions of NIW
continue to exist. Therefore, it may be wise to include a letter from your employer
(or some other document as you see fit) saying that you continue to do research
(or whatever it is that got you NIW/EB1 in the first palce) in the same field for which
NIW/EB1 was approved. I don't think you need more than this in response to the
RFE you got and, as is usually recommended with CIS, I would not give them more
documents than they actually requested (except for the "continue to be in the
same filed" document).

Good luck,
 
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