07/29/10

Can a Start-Up Sponsor Employees for Immigration?

Yes. Even new or small companies may sponsor their employees for immigration. One of the main considerations is whether the company can show that it has the “ability to pay” the employee from the start of the case, all the way through to the end of the case.

How can our Company show that it has the “Ability to Pay” immigrating employees?

USCIS will require the company to submit at least one of the following for each year the case is pending:

  1. Annual Report(s);
  2. Federal tax return(s); or
  3. Audited financial statements

At least one of these must be submitted to USCIS covering the time period from when we file the case, until it is completed.

USCIS adjudicators should make a positive ability to pay determination in any one of the following circumstances:

  1. W-2 or pay stubs showing payment of the proffered wage from the beginning of the case.
  2. The Employer’s NET INCOME is equal to or greater than the minimum salary.
  3. The Employer’s NET CURRENT ASSETS are equal to or grater than the minimum salary.
 “Current Assets” include cash, accounts receivables, inventory, marketable stocks/bonds, etc., but not hard assets such as buildings and equipment. “Current Liabilities” include liabilities payable within the next 12 months. Loans from stockholders, mortgages, notes and bonds payable in more than one year, capital stock, additional paid-in-capital and retained earnings are not current liabilities.