EB-1a Extraordinary Ability: About Extraordinary Ability (EB-1a)

EB-1b Outstanding Researcher: About Outstanding Researcher (EB-1b)

EB-1c Multi-National Manager: About Multi-National Manager (EB-1c)

EB-2 National Interest Waiver: About National Interest Waiver (EB-2)

I-140 Immigrant Visa Petition after PERM Labor Certification Approval: About EB-2 and EB-3 Petitions

Schedule A Group II: About Schedule A Group II

Special Handling PERM for Universities

Visa Bulletin and quota movement

For all petitions filed by an employer, the petitioning entity must establish that it has the ability to pay the offered salary from the priority date of the petition to the date that permanent residency is granted. Ability to pay must be documented via: 1) annual reports for public companies, 2) federal tax returns, or 3) audited financial statements. In some cases, a financial officer letter or additional evidence, such as profit/loss statements, bank account records, or personnel records may be submitted.

USCIS has provided guidance that if the net income or net current assets are equal to or greater than the offered wage, or the beneficiary has been/is being paid the offered wage, the ability to pay is generally considered to be established. In determining whether or not the petitioning entity has the ability to pay the offered salary, USCIS officers are to review the totality of the circumstances.

DISCLAIMER: This information is intended for clients of Jackson & Hertogs only. This is not intended to provide legal advice to non-clients of this firm. Nor will we respond to inquiries from non-clients. You should seek your own legal counsel in these matters.