Frequently Asked Questions - Wages and Salaries

Ability to Pay
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence? 2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability? 3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status? 4. Why are prorated net assets not sufficient evidence to support ability to pay? 5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?

1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.

2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.

Ability to Pay Wages when Priority Date is in the Middle of the Year
How shall ability to pay wages be determined when the Priority Date is in the middle of the year?


USCIS does not calculate ability to pay wages on a pro-rated basis. USCIS will accept proof to show that petitioners have paid the required wage, as shown on ETA Form 9089, for the relevant periods of employment. Additionally, the USICS will accept other forms of evidence, such as pay stubs, W-2’s, and 1099 forms.

I-140 Evidence for Ability to Pay
What kind of evidence is acceptable to show ability to pay wages in an I-140?

The regulations state that for ability to pay wages, USCIS will accept copies of annual reports, federal tax returns, or audited financial statements. If the employer has more than 100 workers, a statement from a financial officer of the organization can be submitted to establish the ability to pay the proffered wage.

H-1B Employer Deducting Money From Salary
My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation. Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
What Are Different Wage Levels For H-1B And Green Card Jobs?
I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications–it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.