如何证明你的雇主有能力支付你的薪金

如何证明你的雇主有能力支付你的薪金
有关移民法律规定,雇主必须有足够的财政能力(financial Ability to Pay) 支付其雇员达到prevailing wage的薪金。雇 主在为其雇员提出I-140申 请时必须证明以上条件。通常100人以上的大公司移民局不需交证明. 中小型雇主需要提交公司的annual report, tax return 或是 audited financial statement。雇主也可以提交其 profit/loss statement, bank account records, 或personnel records。无论雇员是否正为此雇主工作,雇主都必须证明公司从优先日期(priority date) 起是有此能力支付要求的薪金。
雇主只需三个条件中证明符合其中的一项就可以了.
1. 雇主实际付给员工的薪金大于或等于PREVAILING WAGE.
2. 雇主的年利润(NET INCOME) 大于或等于PREVAILING WAGE (OR 员工薪金和PREVAILING WAGE的差价).
3. 雇主的资财净值(NET ASSETS) 大于或等于PREVAILING WAGE.
大多数雇主能证明有能力付员工工资(PREVAILING WAGE).
Under the law, every sponsoring employer must demonstrate that it has the financial Ability to Pay the beneficiary’s prevailing wage. The employer must show this at the time of filing the I-140 application by producing evidence of its financial health along with the petition. Even though the employer may or may not be currently employing the individual, the company has to show that it can pay the individual the offered wage from the date of establishing a priority date. This usually occurs at the time of filing a labor certification in cases that are submitted under the second and third employment-based preference categories. Such evidence should include an annual report, tax return or an audited financial statement. The employer can also submit additional evidence such as a profit/loss statement, bank account records, or personnel records.
USCIS will first look at three indicators to make the determination on whether the company has the Ability to Pay – 1) net income, 2)net current assets, or 3)employer’s payment of wages to the beneficiary. If any of these are more than or equal to the beneficiary’s offered wage, then USCIS will make a positive Ability to Pay determination. If not, then the adjudicator will either deny the I-140 petition or issue a request for more evidence asking the petitioning employer to show its Ability to Pay.
Because most employers try to minimize their tax liability by minimizing their net income, the best way to show Ability to Pay is to show that the company has already paid and is paying the beneficiary offered wage. If the company is not paying the wage, then the next step is to calculate the company’s net current assets by deducting current liabilities from current assets. This information is usually found on the Tax Return Form 1120S’ schedule L. If the company has sufficient net current assets to pay the wages, then the Ability to Pay has been proven. If not, then you may also look to depreciation as a figure that can be used to cover the wage. Depreciation is a mere paper deduction, meaning that the company still actually has the deducted funds available for wages. If none of these indicators show the company’s Ability to Pay, then the company has two remaining options – either it can prove that its accounting practices are such that the company’s available funds are not fully apparent from its tax returns or show that under the “totality of circumstances” test it is clear the company is financially viable and able to pay the offered wage.
For larger companies that have 100 or more employees, USCIS does not require a submission of financial documents to show Ability to Pay. Instead, USCIS will accept a statement from the company’s financial officer stating that the company has sufficient funds to pay the beneficiary’s wages.
The Ability to Pay showing is an important part of submitting the I-140 petition and should be treated as such. To expedite the I-140 application process, we encourage our clients to submit all of the information that is available at the outset in order to avoid delays in processing of the I-140 case.

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