ABILITY TO PAY

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Employer's ability to pay wage

Any petition filed for an EB immigrant which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the wage. Employer has to demonstrate this ability at the in labor certification (the priority date is established) and continuing until the beneficiary obtains lawful permanent residence. Evidence of this ability could 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.
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