I-140 Ability to Pay Evidence for Employment Green Card Petitions

In many employment-based green card cases, USCIS reviews whether the employer can pay the offered wage from the priority date through the permanent residence process. This issue can become a major RFE point even when the PERM labor certification or job offer is otherwise strong.

Common evidence includes federal tax returns, annual reports, audited financial statements, payroll records showing wages already paid to the worker, and explanations of net income, net current assets, or business growth. Larger organizations may also use consolidated financial evidence, staffing records, and a clear letter from finance leadership.

Problems arise when the offered wage is much higher than wages actually paid, the company has losses, there are multiple sponsored workers, or the petition uses incomplete tax schedules. A strong filing connects the financial documents to the exact offered wage and priority date.

New Horizons Legal helps employers prepare I-140 filings and RFE responses with ability-to-pay evidence that is organized for adjudication rather than just copied from accounting files.