Urgent: Documents to prove company's Financial Stability

M

maald

Registered Users (C)
Folks:


Any ways to prove company's Financial Stability that establishes the new employer's ability to pay the wages offered in the EVL?

- Tax Returns of the company
- DE-6 report or waiver if 100+ eomployees
- Industry report on the company
- Website detailing how great the company is
- Annual report (audited/unaudited)

Have a problem in getting the first 2 from the company, but an unofficial annual report may be worked out.

Any other ideas?

More importantly, any one has an Annual Report format?

Anyone succeeded in such an approach thru RFE response or interview?

Thanks
maald
 
How about going to Comapany's accountant or HR dept they may be able to provide it......




Originally posted by maald
Folks:


Any ways to prove company's Financial Stability that establishes the new employer's ability to pay the wages offered in the EVL?

- Tax Returns of the company
- DE-6 report or waiver if 100+ eomployees
- Industry report on the company
- Website detailing how great the company is
- Annual report (audited/unaudited)

Have a problem in getting the first 2 from the company, but an unofficial annual report may be worked out.

Any other ideas?

More importantly, any one has an Annual Report format?

Anyone succeeded in such an approach thru RFE response or interview?

Thanks
maald
Click to expand...
 
To tasse (correction made)

Attorney mentioned that BCIS/USCIS can not ask for Employer Tax returns if DE-6 report was shown provided the company has more than 100 employees.

Not sure if anyone else has thoughts on it?
 
Last edited by a moderator:
Question to any Attorney out there? or otehr folks...

Would you agree with the assertion that INS/USCIS can not ask for Employer Tax Returns if DE-6 report and Annual Report is shown for employees of 100+?

If yes, could you point me to the Immigration Law/section and other pertinent details.

thanks
maald
 
Last edited by a moderator:
Re: Question to any Attorney out there? or otehr folks...

Originally posted by maald
Would you agree with the assertion that INS/USCIS can not ask for Employer Tax Returns if DE-6 report and Annual Report is shown for employees of 100+?

If yes, could you point me to the Immigration Law/section and other pertinent details.

thanks
maald
Click to expand...

According to 8CFR 204.5(g)(2)

Ability of prospective employer to pay wage. Any petition filed by or for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements. In a case where the prospective United States employer employs 100 or more workers, the director may accept a statement from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage. In appropriate cases, additional evidence, such as profit/loss statements, bank account records, or personnel records, may be submitted by the petitioner or requested by the Service.


I don't know if you are asking this question for initial filing or to respond to an RFE. If it's the RFE, they would have mentioned about the acceptable documents in it. Respond with one of the documents mentioned in RFE or from the list above. My lawyer responded with my pay stubs(last 12 months)/unaudited financial documents and the INS denied my petition. BTW it was for my I140.

Hope that answers your question
 
Great- thanks Milli

Milli:

Thanks for this information. It is for the interview.

Thanks
maald
 
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