I140 RFE - Private Company won't provide Tax returns, financial statements nor annual reports

#1
Howdy guys.

My company filed my I-140 PP (TSC) and we got an "RFE - ability to pay" asking for Federal Tax returns, financial statements nor annual reports.

Initially my company when they first send the I140 application package they provided the letter of the CFO stating the company employs more than 500 US employees and that the company revenue provides more than sufficient funds to pay the salary offered in my PERM.

I have been working for this company for +3 years and during that time I have heard from several co-workers their I140 were approved.

Even 2 guys of my team have received their green cards. Both were (and are) holding the same position I hold.

I am and have been being paid more than the salary offered.

This company is a +100 years old (american owned) company, however as a private held company they are not willing to provide any of the 3 requested documents, they say they never had provided any tax document and they have had 100% of the I140s approved.

Instead of the requested evidence, the company asked me for my last 3 years W2 and my paystubs for the last year.

They will reply the RFE sending my documentation as evidence they are able to pay me, and using the same letter from the CFO again adding that they are privately held and they do not report sales nor profits.

This company is not an IT company and the number of foreing workers is minimal.

What do you guys think the chances for this I140 being approved are?
 

whitemimauz3

Registered Users (C)
#2
You need to find out proffered wages as stated in approved labor certification ETA 9089. If you are already getting paid more than this amount then you are good and I-140 will be approved. USCIS would like to see pay checks from date of filing labor certification & continues until I-485 is approved. If pay checks & W2 has been sent with original I-140 filing & USCIS still choose to send RFE, then I am sure your pay check amount might be less than proffered wages. It is due to this reason USCIS has sent an RFE to satisfy ability to pay. I am afraid you might have to send additional financial documents to satisfy ability to pay. They can provide sealed envelope of financial documents if they are concerned about privacy.
 
#3
Hi whitemimauz3,

Thanks for your feedback.

As a matter of fact I am being paid more money than suggested wage in the approved ETA 9089. We did not initially send any paycheck nor W2s until RFE company is going to reply the RFE with my documents. My concern is about USCIS asking for Federal Tax Returns and company not willing to provide it, they say it is an internal policy, they do not share any tax document to any one. It was under applied under PP so I expect to get approved soon.
 
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