Employer's Ability to Pay

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mango_pickle

Registered Users (C)
How do you show employer's ability to pay ? I have seen some RFEs ask about it. I am just curious, just in case I get that kinda RFE. Normally for what types of companies (size, industry, etc.,) do they ask for this kind of information??
 
mango_pickle said:
How do you show employer's ability to pay ? I have seen some RFEs ask about it. I am just curious, just in case I get that kinda RFE. Normally for what types of companies (size, industry, etc.,) do they ask for this kind of information??
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I think for large companies ( >100 employees - need to check this ), a statement from some corporate executive (preferably related to Finance) is proof enough.
The letter would say that they have so much in assets, blah blah and they can easily pay your salary.

I believe it gets tricky for smaller companies -- they need submit more rigorous docs.
Also for public companies, its fairly easy - most docs are anyways public.

How big is ur company - how is their financial position ? If its a clear case, then maybe the RFE won't come after all....
 
The RFE normally does clearly mention what is expected to prove your employer's ability to pay. INS asks for :
1. Financial statements or audit reports
OR
2. If your company has > 100 employers, a statement from the CFO stating that the company can pay your salary and it can meet all its financial obligations.

It is probably easier to get the audit reports since they are available to the public anyway.

So who gets these RFEs? You know how it is with the INS, it is very unpredictable
 
Ability to Pay

I met a immigration attroney to clear up this issue as I was planning to move companies. The attroney told me that INS is very hazy in this area and gives a lot of room to debate

If the company is a small company < 100 employees. The company should provide

Income tax returns

Profit loss statemements. If the loss are substantial then INS will reject it rightaway sighting reasons as inability to pay.

In some cases when they request a certified tax return copy. It is sufficient that the company signs on the paper requesting IRS to provide a certified tax return . This paper can be submitted to USCIS with the RFE. There is a memo regarding this which says that this is sufficient
 
mango_pickle said:
How did you conclude on the number 100 ? Does BCIS have a memo stating the same ? Thanks
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I think there is a law/USCIS memo which states 100 emplyee rule. My lawyer mentioned this in the letter which he sent to notify USCIS that I have changed jobs as allowed under AC21. He used this to take care of the ability to pay situation.

vineet
 
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