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Iraq Plan to Add U.S. Troops at Kurdish Border Is Rejected by Turkey

The offer, made by a delegation of senior Iraqi officials, was rejected by Prime Minister Recep Tayyip Erdogan, who said it failed to meet his country's demands in dealing with the guerrillas, the Kurdistan Workers' Party, or P.K.K. In its latest raid, ...

New U.S.-Mexico Plan Seen Improving Border Security

Plan would benefit Mexico and Central American nations USINFO Staff Writer Washington -- A new U.S.-Mexico cooperation plan is seen as a way to reduce growing drug trafficking and other criminal activities on the two countries mutual border. James Jones, ...

American officials to inspect Egypt-Israel border

CAIRO: American officials are due to visit both sides of the Egyptian-Israeli border next week to inspect the situation on the ground concerning continued smuggling through tunnels beneath the border. US Secretary of State Condoleezza Rice recently told ...

Study finds most Hispanic immigrants see future in US

WASHINGTON Most Hispanic immigrants believe their future is in the United States, despite maintaining ties to their native countries, according to a new study by the Pew Hispanic Center. The nationwide survey of Latinos found that a majority took part in ...

Man Convicted in 10 Immigrant Deaths

We are unable to locate the page you requested. ...

Court annuls sexless marriage, could force deportation

MONTGOMERY, Ala. (AP) - The bride might have been tipped off on the honeymoon: The newlyweds went to the Smoky Mountains, where they slept in separate tents. Then there was the husband's complaint about her weight. Antoinette Walters Janda said she lost ...

Former Mexican president decries US immigration policies

Vicente Fox, the former president of Mxico, came to San Jose Oct. 25 and called on the United States to tear down the wall it has been building on the Mexican border and to reject isolationist policies. 'Walls don't work,' he said. 'The Chinese wall ...

Putin: US missile defense on Russian borders is similar to Cuban missile crisis

MAFRA, Portugal: President Vladimir Putin on Friday evoked one of the most dangerous confrontations of the Cold War to highlight Russian opposition to a proposed U.S. missile defense system in Europe, likening the threat to the Cuban missile crisis. The ...

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:

What are the THREE PRIMARY TESTS which the USCIS uses to MEASURE the employer's ability to pay?

Related topics:

The USCIS adjudicators are required to make a positive ability to pay determination in anyone of the following circumstances:

  1. NET INCOME: The initial evidence reflects that the petitioner's net income is equal to or greater than the proffered wage.
  2. NET CURRENT ASSETS: The initial evidence reflects that the petitioner's net current assets are equal to or greater than the proffered wage.
  3. EMPLOYMENT OF THE BENEFICIARY: The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.

This is according to a 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.

What is the PRIMARY evidence that the USCIS looks to in determining the employer's ABILITY TO PAY?

The PRIMARY evidence that the USCIS looks to in determining the employer's ABILITY TO PAY is the following:

  1. In cases involving employers which employ less than 100 workers, the primary evidence consists of ANNUAL REPORTS, FEDERAL TAX RETURNS, or AUDITED FINANCIAL STATEMENTS, OR
  2. In cases involving employers which employ 100 or more workers, the employer may provide a STATEMENT from a financial officer of the organization which establishes the prospective employer's ability to pay the proffered wage.

Employer's “Ability to Pay” in Green Card cases

All U.S. Permanent residency (“green card”) petitions filed by or for an employment based immigrant, which require an offer of employment, MUST BE accompanied by evidence that the prospective U.S. employer has the ability to pay the proffered wage. This section of this website addresses various issues related to the employer's “ability to pay”.

Common Issues relating to Employment Based Green Cards

This section addresses various issues which are common to to Employment Based Green Cards.

Putin compares U.S. missile defence on Russian border to Cuban missile crisis

Mike Eckel, THE ASSOCIATED PRESS MAFRA, Portugal - Russian President Vladimir Putin on Friday compared the U.S. proposal to build a missile defence shield in Eastern Europe to the Cuban missile crisis of the 1960s. 'Analogous actions by the Soviet ...

Putin: U.S. missile defense on Russian borders is similar to Cuban missile crisis

MAFRA, Portugal: Russia's President Vladimir Putin said Friday that the situation surrounding proposed U.S. missile defense facilities in Eastern Europe has similarities to the Cuban missile crisis of the 1960s. 'Such a threat is being set up on our ...

Dreams put on hold for many illegal immigrant students

Genaro Molina / Los Angeles Times GROUNDED HOPES: Wilbur, a UCLA junior in political science who requested his real name be withheld, works his fathers gardening business and fears his family will be deported. Many poised to graduate may have to rethink ...

Study: Most immigrants see future in US

WASHINGTON Most Hispanic immigrants believe their future is in the United States, despite maintaining ties to their native countries, according to a new study by the Pew Hispanic Center. The nationwide survey of Latinos found that a majority took part in ...

Robbers Stalk Hispanic Immigrants, Seeing Ideal Prey

By the time they set upon Victor Hernandez, knocking him to the pavement and kicking him furiously, the teenagers were deep into a weeks-long spree of robbing Hispanic immigrants. They coined a term for the assaults, one that reflected the uniformity of ...

Immigration Bill fails US Senate vote

Washington: Legislation to give some children of illegal immigrants a path toward legal residence failed a crucial US Senate vote, probably dooming any chance of major changes to the immigration system this year. Supporters needed 60 votes in the ...

Immigration bill blocked in US Senate

WASHINGTON: A bill that would have given the children of illegal immigrants a chance to become US citizens by attending college or serving in the US military was blocked in the US Senate on Wednesday. A 52-44 vote on a motion to begin debate on the bill ...

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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.

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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.