Employer Ability to Pay

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My lawyer filed 140/485 concurrent and sent copies of W-2, pay stubs and company's annual report for 2002. Will these be sufficient as evidence of ability to pay? I'm worried as policy now is to deny and not issue RFE. These were included in 485 not 140 although it's in one packet. :confused:
 
Listed document in your post are sufficient to establish employer ability to pay prevailing wage.

Also according to the recent memo issued by USCIS, if/when one of the following three conditions are met, USCIS should not deny I-140 on the financial ability to pay issue:
(1) Net Income: The petitioner's net income is equal to or greater than the proffered wage. Or
(2) Net Current Assets: The petitioner's net current assets are equal to or greater than the proffered wage. Or
(3) Employment of the Beneficiary Paying the Proffered Wage Salary: The Petitioner is currently employing the beneficiary at the rate of proffered wage.

Source: http://www.immigration-law.com/
 
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