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I-140 Ability to Pay

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I-140 Ability to Pay

An employer that files an I-140 petition for a worker must prove that it has the ability to pay the worker's salary from the earlier of when the labor certification or I-140 petition is filed.8 CFR 204.5(g)(2). 

An employer must prove that it has the ability to pay the worker's "proffered" salary from either the time it filed the labor certification application, or the time it filed the I-140 petition, whichever is earlier (some I-140 petitions do not require labor certifications).  Many employers overlook this requirement only to learn later that even if they have fat profits and a bounty of cash on hand now, if they did not at the time the application was filed, USCIS will deny it.

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I-140 Ability to Pay
 
 

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