The Employer's Ability to Pay for EB-1C Green Card Application

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Hi William,

I am in L1A visa now, and my employer will help me to apply for the EB-1 Multinational Manager or Executive Green Card (EB-1C). My salary on the L1A visa application form is very high, but the company may have problem to pay me the number on the visa application form in the future. Do you think this will affect my EB-1C Green Card application?

Answer,

For empoyer-sponsored Green Card application, USCIS requires documentation that the employer can afford the employee's proffered wage and will be able to continue doing so in the foreseeable future.

Employers must prove that: 1) the employer’s taxable income is equal to or greater than the proffered wage; or 2) the employer's net current assets are equal to or greater than the proffered wage; or 3) credible verifiable evidence that the employer is not only employing the beneficiary but also has paid, or is currently paying, the proffered wage.

USCIS requires strict compliance with these rules. USCIS will reject the petition if the employer lacked the ability to pay from the date of filing. There are no exceptions to this rule. The U.S. Employer must prove that it has the “ability to pay” the applicant at the time the EB-1 Multinational Manager or Executive Green Card application is filed, and also at the time the application is approved.

The U.S. employer must provide its tax return at the time the green card application is filed. It may also have to provide its tax return later, while the application is being processed. The tax returns must show that EITHER the U.S. employer’s net income (profit) OR net assets are greater than the salary offered to the applicant. In the alternative, the U.S. employer can provide evidence that the applicant is already on its payroll and already receives the wage offered in the green card application.

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