Immigration Attorney, Woburn

employer's Ability to pay the proffered 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 U.S. employer has the

ability to pay the proffered wage. 

A petitioner must submit evidence with the I-140 Petition to establish its ability to pay the beneficiary the proffered wage as of the priority date and continuing until the beneficiary obtains lawful permanent residence. Required initial evidence includes copies of: (1) annual reports, (2) federal tax returns, or (3) audited financial statements.

Employment of Beneficiary

In determining a petitioner's ability to pay the proffered wage, USCIS first examines whether the petitioner employed and paid the beneficiary at a salary equal to or greater than the proffered wage at the time the priority date was established. If so, the USCIS should make a positive determination on the petitioner's ability to pay.

If a petitioner does not establish that it paid the beneficiary at a salary equal to or greater than the proffered wage from the priority date onward, USCIS will then examine the petitioner's net income and net current assets. 

Net Income and Net Current Assets

lf the petitioner's net income or net current assets equals or exceeds the proffered wage, or the difference between the proffered wage and the amount it paid to the beneficiary in a given year, the USCIS should make a positive determination on the petitioner's ability to pay. 


Ability to Pay All I-140 Beneficiaries

ln recent years, the USCIS has started issuing "ability to pay all I-140 beneficiary" RFEs. In these situations, the petitioner must submit documentary evidence to demonstrate its ability to pay the combined proffered wages of every Form 1-140 petition that was pending, approved, or filed from the date requested by USCIS up until each of the beneficiaries obtain lawful permanent residence. 

Lally Immigration Services, LLC has extensive experience preparing responses to ability to pay RFEs and advising employers on this issue.

Speak with an I-140 Attorney in Woburn, Massachusetts Today!


If you received an ability to pay RFE, contact an I-140 Lawyer in Woburn, MA. Lally Immigration Services, LLC is located in Woburn, Massachusetts and offers free initial phone consultations.