The petitioner's net current assets were negative in both fiscal year 2004 (-$47,105) and 2005 (-$216,226), and therefore insufficient to cover the wage shortfall.
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The petitioner's net current assets were negative in both fiscal year 2004 (-$47,105) and 2005 (-$216,226), and therefore insufficient to cover the wage shortfall.
The beneficiary was paid $50,254 in 2004, $60,515 in 2005, and $76,636 in 2006, all below the proffered wage of $78,000. Only in 2007 was the proffered wage met. Accordingly, the petitioner needed to establish ability to pay the difference for 2004, 2005, and 2006.
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The beneficiary was paid $50,254 in 2004, $60,515 in 2005, and $76,636 in 2006, all below the proffered wage of $78,000. Only in 2007 was the proffered wage met. Accordingly, the petitioner needed to establish ability to pay the difference for 2004, 2005, and 2006.
The record did not name the contractors, state their wages, verify full-time employment, or show the petitioner replaced or would replace them with the beneficiary. Wages already paid to others are not available to prove ability to pay the proffered wage, and there was no evidence the positions involved the same duties.
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The record did not name the contractors, state their wages, verify full-time employment, or show the petitioner replaced or would replace them with the beneficiary. Wages already paid to others are not available to prove ability to pay the proffered wage, and there was no evidence the positions involved the same duties.
The petitioner's net income was negative in fiscal years 2004 (-$9,236) and 2005 (-$185,629), and insufficient to cover the wage deficit. The net income figures from Form 1120, Line 28 were used without adding back depreciation or other adjustments, consistent with judicial precedent.
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The petitioner's net income was negative in fiscal years 2004 (-$9,236) and 2005 (-$185,629), and insufficient to cover the wage deficit. The net income figures from Form 1120, Line 28 were used without adding back depreciation or other adjustments, consistent with judicial precedent.
USCIS does not augment net income or net current assets by adding in credit limits, bank lines, or lines of credit, because a line of credit is merely an unenforceable commitment to loan and not an existent asset available at the time of filing.…
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USCIS does not augment net income or net current assets by adding in credit limits, bank lines, or lines of credit, because a line of credit is merely an unenforceable commitment to loan and not an existent asset available at the time of filing. To rely on a line of credit, the petitioner must submit a detailed business plan and audited cash flow statements showing it would augment rather than weaken overall financial position.
Overall business circumstances (Sonegawa analysis)
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Although the petitioner had been in business since 1997, it submitted no evidence of significant growth, an outstanding business reputation, or uncharacteristic expenditures that would explain the losses. The simultaneous pendency of other I-140 petitions further undermined the petitioner's claims.
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Although the petitioner had been in business since 1997, it submitted no evidence of significant growth, an outstanding business reputation, or uncharacteristic expenditures that would explain the losses. The simultaneous pendency of other I-140 petitions further undermined the petitioner's claims.
The fringe benefits cited are typically provided to all employees and therefore are not considered additional compensation that can offset the proffered wage shortfall.
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The fringe benefits cited are typically provided to all employees and therefore are not considered additional compensation that can offset the proffered wage shortfall.
Job offer requires a professional holding an advanced degree
AAO 为什么未被说服
AAO agreed that, on the plain language of Part H, the labor certification requires only a high school diploma and 24 months of experience, which is insufficient for EB-2 advanced-degree classification.
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AAO agreed that, on the plain language of Part H, the labor certification requires only a high school diploma and 24 months of experience, which is insufficient for EB-2 advanced-degree classification.
job offer requires a professional holding an advanced degree
AAO 为什么未被说服
AAO read the ETA Form 9089 by its plain language and found the stated minimum (associate's degree plus 6 years of experience) does not meet the advanced-degree requirement.
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AAO read the ETA Form 9089 by its plain language and found the stated minimum (associate's degree plus 6 years of experience) does not meet the advanced-degree requirement.