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As part of the green card process, the company must show that it has the ability to pay the wage of the applicant to USCIS before USCIS will approve the case.  Generally, this is shown by either net income, that the company has enough net income over and above the prevailing wage to pay the wage or that in actuality, the wage is being paid to the applicant. If both of these criteria are not met, here are some other ideas to show the company’s ability to pay the wage. Note that these are only ideas and may or may not work.

  1. Show that the person is replacing someone else?
  2. Current assets vs. current liabilities. Sometimes, the accountant can re-evaluate current assets vs. current liabilities.
  3. Extraordinary losses – a fire, a strike—that created a loss for the year in question.
  4. Net Operating Loss Carryover… If the company has a net operating carryover loss, you can discount that since it is from a prior year. In this regard, bank statements can be helpful
  5. If the company is the subsidiary of a parent company.. Document the ability to pay of the parent company.
  6. For an S corp, on the corporate tax form 1120S, there are certain items of income that don’t appear on that.
  7. If the company has been paying salary’s for a 100 years, show the history of the company.
  8. A statement of owners that they will take less money.
  9. With a small company such as a PC, the accountant often advises that the employer take out as much as possible as salary to him/herself to avoid double taxation.
  10. Some company’s paid next years expenses this year.  Show that this is the case.
  11. Show the totality of the circumstances, that given everything about the company, it is more likely than not that the employer can pay the salary.

August 2011