Can a small company (10 people) get a RIR ?

D

dmunshi

New Member
Hello,

Could you tell me if its possible for my company to get a RIR status if it has approx. 10 employees? I contacted a lawyer who said he would go this route to reduce labor certification time.

Can you recommend me a good immigration lawyer in Jacksonville, FL ?

Thanks,

Devashish.
 
dmunshi

# of employees and other company related financial are not a issue at LC Stage. They come in picture at I-140 stage. One can go ahead and file RIR LC Application regardless of current head-count in the company.

Depending upon your company office location, RIR can make difference of 6 months to 3 year's...........
 
That is true.They won't look at the company financial matters at the time of Labor,but they do at I-140.But,what's point in applying labor through such company which does't have enough financial support and # employees?Any way the green card petition will get rejected at the time of I-140 right?

indgc
 
indgc123

Any way the green card petition will get rejected at the time of I-140 right?


May be or MAY BE NOT.

That all depends upon kind of business they have and amount of revenue they are generating. One of my friend got his GC approved last year through a software consulting comapny having only 7 employee.
 
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It doesn't matter the number of employees, what matters is the company's ability to pay the offered wage. Obviously, very large companys clearly have the ability to pay nearly any offered wage but the important factor is ability to pay, not number of employees.
 
Thanx Jim & Akash

Having wrong information is as bad as having no information. Thanks to you both for giving facts regarding "# of employees in a sponsering firm & it's impact on GC processing".

So many people are suffering because of unsupportive employer/attorney, delay at DOL/INS and not having enough information. Thanks to all who try their best to keep this and other thread(s) as informative as possible.


Related Question was posted by someone at "http://www.usvisanews.com/wedquest120402.html". Following is the text.

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Q. I am with a small employer with very few employees. My employer is planning to file Green Card for me. Are there any minimum requirements my employer has to have? Is there any condition such as there should be some minimum number of employees to sponsor GC? Can you please let me know if there is anything I should be concerned about in this regard?

A: The key is whether the company is financially healthy, particularly if it is a small company. Ability to pay your wages is a likely issue when you get to the I-140 stage with the INS. If your employer is making a profit and has some good contracts, you should not have a problem regardless of how small it is.

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Can we Apply for I-140 in two different INS offices

Hi
This question is thou not related to above questions But please help me....
A freind of mine works in IL and his company is in Washingto State..
When they were applying for GC, lawyer was not sure where to apply whether at Place of work or at Company's location..... Now his labor has cleared in both the states and the Question is can he apply for 140 in two different INS offices....
coz he want to take a chance, as I-140 is faster in one and slow in the other...suggestions are appreciated.....
 
Dependent

GC is based on intent from beneficiary to work for sponsering firm and intent from employer to hire in future. I don't know about any law that will stop you from applying two GC petition but I know personaly many people who have applied for I-140 from two different company as a beneficiary in past and simply went for I-485 whichever came first.

I think you can ask your friend to get atleast three opinion from different attorney regarding this issue and then decide.
 
What time is ability to pay judged ?

Continuing with the issue of a small company and GC, my question is related to Jims answer :

"It doesn't matter the number of employees, what matters is the company's ability to pay the offered wage. Obviously, very large companys clearly have the ability to pay nearly any offered wage but the important factor is ability to pay, not number of employees."

Now, my understanding is that the company should be able to pay at the time Labor was filed. In other words the company's ability to pay will be judged from the financial situation at the time labor was filed. So if labor was filed in Jan 01, and I 140 in Nov 2002, INS will judge companies ability to pay on the date Labor ws filed (Jan 01), and not current situation in Nov 02.

The comopany may have a very good financila position presently but if it was financially weak at the tme Labor was filed, that may be a reason for rejection ? Is my assumption correct or not ?
 
usnycus
Thanks for Info...

Originally posted by usnycus
Dependent

GC is based on intent from beneficiary to work for sponsering firm and intent from employer to hire in future. I don't know about any law that will stop you from applying two GC petition but I know personaly many people who have applied for I-140 from two different company as a beneficiary in past and simply went for I-485 whichever came first.

I think you can ask your friend to get atleast three opinion from different attorney regarding this issue and then decide.
Click to expand...
 
sertra2002

GC through emplyment is about future. So I think issue is "company ability to pay wages once GC is approved".

But if financial condition of company is weak before, during or after LC stage, it is hard to belive and convince INS at I-140 stage that company will be able to pay in future. LC might get approved by DOL but INS will have problem based on company past financial records.
 
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