Our attorneys can represent you in U.S. immigration matters regardless of where you are located because U.S. immigration law is federal: you can be in any state, or in any country in the world.

Contact Us | About Us

521 Fifth Avenue, Suite 1700, New York, NY 10175, U.S.A., Telephone: (212) 488-6899

May petitioners submit ALTERNATIVE evidence to establish the employer's ability to pay?

Petitioners may submit alternative evidence to establish the employer's ability to pay the proferred wage; however, the USCIS is NOT required to accept the alternative evidence. Some of the key rules regarding alternative evidence are summarized in the following statement from a USCIS Memorandum:

In certain instances, petitioners may submit a financial statement in lieu of initial evidence and/or additional evidence such as (1) profit/loss statements, (2) bank account records, or (3) personnel records. Under 8 CFR 204.5(g)(2), CIS adjudicators are not required to accept, request, or RFE for a financial statement from U.S. employers who employ 100 or more workers to establish ability to pay. Further, regardless of the number of employees the petitioner's employs, CIS adjudicators are not required to accept, request, or RFE for additional financial evidence. Acceptance of these documents by CIS is discretionary. Therefore if the required initial evidence is submitted and does not establish the petitioner's ability to pay, CIS adjudicators may deny the petition. If the case is denied, the petitioner may file an appeal or a motion to reopen or reconsider in accordance with 8 CFR 103.3 and 103.5.

If the CIS adjudicator exercises discretion to accept either the financial statement or additional financial evidence, that evidence must clearly establish the petitioner's ability to pay. If the CIS adjudicator has any doubts about whether the additional documents establish the petitioner's ability to pay, the CIS adjudicator may deny the petition and not RFE for additional evidence to further clarify the discretionary evidence that was accepted.

USCIS Memorandum, by William R. Yates, Associate Director for Operations, Determination of Ability to Pay under 8 CFR 204.5(g)(2), dated May 4, 2004.

Contact Antao & Chuang

To contact Antao & Chuang, fill out the following form and press the Send button:

(U.S. state, or country if outside the U.S.)
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
13 + 0 =
Solve this simple math problem and enter the result. E.g. for 1+3, enter 4.


Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

Recent comments

Antao & Chuang

AntaoandChuang.com

© 1996-2024 Antao & Chuang, Attorneys at Law

Important Notices/Disclaimers

This website located under the world wide web domain "AntaoAndChuang.com" ("website"), and any subdomains, are owned, and maintained by Antao & Chuang, Attorneys at Law, whose practice includes U.S. Immigration Law. Since U.S. Immigration Law is federal in nature, Antao & Chuang, Attorneys at Law, serves clients who are located throughout the U.S. and the world in U.S. immigration matters, from their offices located at 521 Fifth Avenue, Suite 1700, New York, N.Y. 10175. Antao & Chuang, Attorneys at Law’s attorneys are licensed attorneys in the states where they practice. However, since said states do not recognize any specialization in U.S. immigration law (attorneys in said states are simply licensed in said states to practice law in general), Antao & Chuang, Attorneys at Law does not claim any such specialization, and nothing on this site should be deemed to constitute any such claim. Antao & Chuang, Attorneys at Law does not claim expertise in the laws of states other than where our attorneys are licensed. This website is an advertisement. This website is provided as a public service and not intended to establish an attorney client relationship. Antao & Chuang, Attorneys at Law does not accept clients on the strength of advertising materials alone but only after following our own engagement procedures. Any reliance on information contained herein is taken at your own risk. The information contained on this site is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems solely on the basis of information contained herein and are strongly advised to seek competent legal counsel before relying on information on this site. See Terms of Use.