Ability to pay - small subchapter S corporation w/ 0 employees

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vlad0002

Registered Users (C)
Hi all,

I have LC in Final Review under PERM for EB3 position with a small company (subch. S corporation) with 0 employees (I'm the first). The prev. wage and promissed salary for the position is ~$42,000 a year. The company is in good financial standing and has been consistently posting profits of about $60,000 a year. Technically, this should be sufficient to show ability to pay me. HOWEVER, this amount is what the owner was directly transfering to his own tax return as gain from doing business, in effect - his salary. Subtracting $42,000 from this would leave only $18,000 for the owner....

The question is would this be vewed by INS as not having sufficient means to pay me? I've heard an opinion that in a case like this, with S corporations, the profit amount should be at least twice the amount promissed for sponsored worker, so the owner leaves at least the same amount for himself.

Basically now we are trying to determine if there's a need to do some accounting trick and hide some of the expenses to show enough income that I-140 is approved. But how much is enough in this case?

Any help would be highly appreciated.

Thanks
 
vlad0002 said:
Hi all,

I have LC in Final Review under PERM for EB3 position with a small company (subch. S corporation) with 0 employees (I'm the first). The prev. wage and promissed salary for the position is ~$42,000 a year. The company is in good financial standing and has been consistently posting profits of about $60,000 a year. Technically, this should be sufficient to show ability to pay me. HOWEVER, this amount is what the owner was directly transfering to his own tax return as gain from doing business, in effect - his salary. Subtracting $42,000 from this would leave only $18,000 for the owner....

The question is would this be vewed by INS as not having sufficient means to pay me? I've heard an opinion that in a case like this, with S corporations, the profit amount should be at least twice the amount promissed for sponsored worker, so the owner leaves at least the same amount for himself.

Basically now we are trying to determine if there's a need to do some accounting trick and hide some of the expenses to show enough income that I-140 is approved. But how much is enough in this case?

Any help would be highly appreciated.

Thanks
Click to expand...


During I 140 review, last three years tax return needed. (Last three yeras tax returns were already submitted, how can you twick it). Determination is based on that.
 
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