Hello
My company appied for my I-140 (EB2 - LC Substitution case) to NSC and the case got transferred to TSC. Premium processing was used. The company immediately received an RFE for A2P.
Here are the exact words.
The Service determines ability to pay based on net income, net current assets vs. liabilities, and/or employment of the beneficiary.
The tax forms 1120s along with the Schedule L, provided with the petition, do not indicate the petitioner has the ability to pay the proffered wage. The financial statements provided were not audited and cannot be accepted.
Please submit at least one of the following for each of the years 2005 through 2006:
· An audited financial statement, or
· An annual report or
· A statement from the financial offcer if the US employer employs over 100 or more workers.
Submit any additional evidence as needed to demonstrate the corporation's abilty to pay the proffered wage durng each year, such as bank account records, profit-loss statements or payroll records. If the corporation paid the beneficiary a wage or salar during any of the years, 200 lthrough 2006, submit evidence of the wage/salary paid (as furher proof of ability to pay).
The company has less than 100 employees and so audited financial statements are the only route. I spoke to the accountant who tells me that audited financial statements are overkill and cost $5000 and a certified financial statement should be sufficient. The problem is that the financial statements submitted are signed the accountant which apparently are not acceptable to the USCIS.
What is the solution to this problem?
Do small companies have to submit audited financial statements?
Can something else be submitted instead?
The paystubs show that I am getting paid the proffered wage? Please help.
My company appied for my I-140 (EB2 - LC Substitution case) to NSC and the case got transferred to TSC. Premium processing was used. The company immediately received an RFE for A2P.
Here are the exact words.
The Service determines ability to pay based on net income, net current assets vs. liabilities, and/or employment of the beneficiary.
The tax forms 1120s along with the Schedule L, provided with the petition, do not indicate the petitioner has the ability to pay the proffered wage. The financial statements provided were not audited and cannot be accepted.
Please submit at least one of the following for each of the years 2005 through 2006:
· An audited financial statement, or
· An annual report or
· A statement from the financial offcer if the US employer employs over 100 or more workers.
Submit any additional evidence as needed to demonstrate the corporation's abilty to pay the proffered wage durng each year, such as bank account records, profit-loss statements or payroll records. If the corporation paid the beneficiary a wage or salar during any of the years, 200 lthrough 2006, submit evidence of the wage/salary paid (as furher proof of ability to pay).
The company has less than 100 employees and so audited financial statements are the only route. I spoke to the accountant who tells me that audited financial statements are overkill and cost $5000 and a certified financial statement should be sufficient. The problem is that the financial statements submitted are signed the accountant which apparently are not acceptable to the USCIS.
What is the solution to this problem?
Do small companies have to submit audited financial statements?
Can something else be submitted instead?
The paystubs show that I am getting paid the proffered wage? Please help.
did you have any loss on the tax return? How did you handle your situation? How did you reply to the RFE? Any kind of Help/ Advice is greatly appreciated.