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Employer’s financial ability in I-140, immigration based on Sponsor

If an applicant seeks green card based on sponsor company, the company should meet the financial capacity to give the green card applicant prevailing wage under immigration law or, the permanent residence application will be rejected.

Financial ability is the ability to pay the prevailing wages determined by U.S. Department of Labor. it is often called Permanent Labor Certification Process.

The standard proof that determines an employer’s financial capacity is the employer’s tax report. If the net profit of the company’s previous year’s tax report exceeds the employee’s prevailing wages set by the U.S. Department of Labor, the company is considered to be financially competent under immigration law.


The company’s net profit alone does not determine its financial capacity. Even if your net profit is lower than prevailing wage, When your employer is currently working for the company and receiving wages, the employers are considered financially competent.

You can also prove your company’s financial strength by showing your net worth, including our liquid assets.

In this case, USCIS will consider company’s development or growth potential. This means that if the company is determined to have potential for future development or growth through its net worth, it is considered financially capable.

Sometimes, even a large company with a large number of employees may be judged to have no financial capacity by USCIS, However, even a smaller with a small number of employees may have financial capacity.

In fact, I-140 will be based on the overall situation of the company.

Employers must sustainably maintain their financial capacity when they apply for Perm to the U.S. Department of Labor until right before the applicant obtain permanent green card.

Careful consideration is necessary until he / she receives the permanent resident status. One thing to remember is that if an employer applies for two employment immigrants at the same time, the net profit on the tax report must be higher than the combined prevailing wages of the two. The more permanent resident applicants have applied for immigration, the higher the employer’s financial capacity is required.

Keywords: Perm, I-140, Prevailing Wage Determination, Green Card based on Sponsor

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