Immigrant Petitions for Alien Workers (Form I-140)

A challenge from USCIS has successfully been rebutted by an employer that proved the ability to pay the worker’s wage with bank statements. An immigrant petition (Form I-140) requires the employer to prove that s/he has the ability to pay the proffered wage as established in the Labor Certification. USCIS challenged the employer’s ability to pay because the employer’s tax return reported losses (negative income) during and after the period of the priority date. In addition, the beneficiary employee was not employed with the petitioning company.