LaborApproved
Registered Users (C)
as per the yates memo on ability to pay, searching the forums, searching online, and speaking with four immigration lawyers here are some observations on uscis's take on favorable ability to pay. the ability to pay must exist from the day labor was filed (priority date) and CONTINUE till I-485 is approved. if any one of these three measures are met ability to pay is established.
1) net income or (loss) plus depreciation = offered wage (depreciation is a non cash deduction which does not affect cash flow)
2) net current assets - net current liabilities = offered wage. (you can find this on the balance sheet part of the tax returns)
3) credible evidence that the petitioner has paid or is currently paying the offered wage. (credible evidence can be w-2 forms and paystubs)
My question: does this mean that if the current pay stubs or w-2 shows the beneficiary is being paid the offered wage you have an approval? what about the the past years pay stubs and or w-2s. any inputs??
say the petitioner has losses or the net income is not equal to the offered wage or net current assets - net current liabilities are less than the offered wage. the petition can be approved if the beneficiary's w-2(s) equal the offered wage (as per measure #3)
say the beneficiary was NOT paid the offered wage (as the petitioner is only supposed to pay the offered wage once the I-485 is approved or he/she is just exploiting you) and your w-2 show less income THAN your income plus company's net income plus depreciation can be added to prove the ability to pay. cash at hand (which is an asset) can also be added to the extent that net current assets exceed net current liabilities)
bank statements show the cash flow of the organization. they are not required but the uscis will consider them in the "appropriate" cases as evidence of ability to pay.
uscis, officers are not accountants and they go by the measures and memos in place. they need to be convinced about how the company has ability to pay.
here is where a good lawyer can present your case and get it approved!
the floor is open for discussion! i have great respect for this portal as I continue to learn more about how american immigration works (or not work) from all your posts. Thank you all for reading. good luck.
1) net income or (loss) plus depreciation = offered wage (depreciation is a non cash deduction which does not affect cash flow)
2) net current assets - net current liabilities = offered wage. (you can find this on the balance sheet part of the tax returns)
3) credible evidence that the petitioner has paid or is currently paying the offered wage. (credible evidence can be w-2 forms and paystubs)
My question: does this mean that if the current pay stubs or w-2 shows the beneficiary is being paid the offered wage you have an approval? what about the the past years pay stubs and or w-2s. any inputs??
say the petitioner has losses or the net income is not equal to the offered wage or net current assets - net current liabilities are less than the offered wage. the petition can be approved if the beneficiary's w-2(s) equal the offered wage (as per measure #3)
say the beneficiary was NOT paid the offered wage (as the petitioner is only supposed to pay the offered wage once the I-485 is approved or he/she is just exploiting you) and your w-2 show less income THAN your income plus company's net income plus depreciation can be added to prove the ability to pay. cash at hand (which is an asset) can also be added to the extent that net current assets exceed net current liabilities)
bank statements show the cash flow of the organization. they are not required but the uscis will consider them in the "appropriate" cases as evidence of ability to pay.
uscis, officers are not accountants and they go by the measures and memos in place. they need to be convinced about how the company has ability to pay.
here is where a good lawyer can present your case and get it approved!
the floor is open for discussion! i have great respect for this portal as I continue to learn more about how american immigration works (or not work) from all your posts. Thank you all for reading. good luck.