Re: [問題] Eb2 I-140 RFE ability to pay
原文恕刪
看完下列USCIS有關I-140 Approval on ability to pay的備忘錄
您就明白了...
Guidelines
The Memo sets forth the following guidelines for the I-140 filing and when
the adjudicators must issue an RFE. These are set out below.
Documents for an I-140 Approval on Ability to Pay
Petitioners or employers must file I-140 petitions that are fully complete,
meaning no required items are left blank, along with the initial evidence
addressing the ability to pay. The initial evidence that is required under
the regulations includes, in the alternative: (a) annual reports; (b) federal
tax returns; or (c) audited financial statements. At least one of these items
must be submitted. If the USCIS adjudicator finds that portions of the I-140
petition are blank pertaining to the date the business was established, the
number of employees, or the gross / net income, then the examiner must issue
an RFE on these matters. The examiner must also issue an RFE if the I-140
petition is filed without at least one of the required pieces of initial
evidence.
Evidence Sufficient to Issue an Approval
If the case is filed with the required initial evidence, the adjudicators do
not have to issue an RFE to request additional proof of ability to pay. The
Memo indicates that the adjudicators should make a favorable decision if the
case contains proof of one of three specific matters. The first is that the
company's net income is equal to or greater than the wage that is offered.
The second is that the company's current net assets are equal to or greater
than the offered wage. The third is that the petitioner is employing the
beneficiary and paying the beneficiary a wage in an amount equal to the
prevailing wage.
所以您只要補上相關証明文件就可以了 不必要擔心 祝您順利!!
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