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Employer’s Financial Ability for a PERM Application
USINFO | 2013-10-23 15:08
How to Determine Whether an Employer has the Financial Ability for a PERM Petition
If any one of the following situations is met, then the employer will be considered to have the ability to pay:
1.That the petitioner-employer paid the beneficiary the proffered wage (as evidenced by the employee’s W-2 forms) when the foreign national employee is already employed by the employer, such as with H and L visa holding employees;
2.That the petitioner’s net income was equal to or greater than the offered salary in all years under consideration;
3.That the petitioner’s net current assets are equal to or greater than the offered salary in all years under consideration. Net current assets are the difference between current assets and current liabilities.
4.If the company has more than 100 employees, then it can offer a signed statement from the company’s financial officer, certifying the company’s ability to pay the proffered wage.
Please note that the employer must show the ability to pay from the date of submission of the PERM labor certification.
Though financial documents are not required during the PERM submission, the USCIS requires financial documents during the I-140 petition process to prove the ability to pay from the date of the submission of the PERM. In some cases, the USCIS may further check the employer’s ability to pay during the I-485 adjustment status process even after the I-140 has been approved.
PERM labor certification is an extremely complicated procedure and time-sensitive.
