Dr. William:

My company is in financial trouble, but they have good plans for the future. In the mean time, their tax returns show negative, but they always make our payroll. Would this impact my  I-140 Green Card process based on the approved Labor Certification? 

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Answer:

Employers face challenges by the USCIS Service Centers on the issue of their financial ability to pay the proffered wage. The current standard is rigid. Because of the rigid standards, the employers have been receiving denials of I-140 petitions on this issue. Currently policy requires the employer to prove the financial ability by one of the three evidence: 

(1) Net Income equal to or in excess of the Labor Certification salary from the date of Labor Certification filing until I-140 filing; 

(2) W-2 or Payroll Record showing salary payment to the Labor Certification alien in the amount equal to or in excess of the labor certification salary from the date of labor certification application filing until the date of I-140 filing; 

(3) The net worth of the company which is five times of the labor certification salary from the Labor Certification application filing date until the I-140  filing date.