![]() This argument involves complex legal issues and requires the assistance of an experienced Immigration Attorney. However, in the absence of this, the only way to overcome this type of challenge is to review the relevant regulations and make an argument that the Employer is not required to demonstrate the ability to pay the proffered wages of all I-140 beneficiaries. This type of challenge can be overcome by showing a significant net income on tax returns. Where an Employer has filed multiple I-140’s, USCIS may issue an RFE asking the Employer to demonstrate the ability to pay the proffered wages of all I-140 Beneficiaries. In this case a thorough review of the net income on the Employer’s tax returns should be carried out. An issue can arise, however where the Beneficiary is earning less than the proffered wage. In this case, copies of the Beneficiary’s paystubs can be submitted as evidence of wages paid. Ideally, an Employer will want to be paying the beneficiary the proffered wage by the time the PERM is filed. At PLG the Attorneys also review the financial ability aspect prior to starting a PERM to ensure that there will be no issues demonstrating financial ability at the I-140 stage. It is usually possible to avoid an RFE on the first issue provided the Beneficiary’s credentials are reviewed prior to starting the PERM. Therefore, RFEs tend to focus on these two issues. Firstly, that the Beneficiary is qualified for the proffered position and secondly that the Employer has the financial ability to pay the proffered wage from the Beneficiary’s priority date until the Beneficiary obtains his/her green card. For cases filed in Premium Processing, the 15-day clock will recommence once a response is sent to the RFE.Īt the I-140 stage, an Employer is broadly required to demonstrate two issues. In the event of an RFE, you will typically have 87 days in which to respond. USCIS has 15 days to adjudicate the case, which means you will either receive a Request for Further Evidence (RFE), Notice of Intent to Deny (NOID) or a decision which could either be an approval or in theory, a denial. If the I-140 is filed in Premium Processing, this will result in a much faster adjudication of the application. If the I-140 is filed in regular processing the application can take anywhere from 6 to 10 months to be adjudicated, depending on which service center is assigned the case. For an additional $1,440.00, the I-140 can be filed in premium processing. The I-140 application is an Immigrant Petition and is filed with USCIS. Once the PERM is approved by the Department of Labor (DOL) the Employer will receive a certified Labor certification, which is valid for a total of 6 months. This article is intended for candidates who are filing an I-140 based on an EB-2 or EB-3 filing, as these are the most common Employment-based petitions that are filed using form I-140. For further details please refer to our previous article regarding PERMs, which can be found at: For candidates filing an EB-2 or EB-3 filing, it will be necessary for your Employer to obtain a certified Permanent Labor Certification, aka PERM, before filing the I-140. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |