CASE: PERM and EB-2 I-140
PETITIONER: Professional Services Staffing Company
BENEFICIARY: Pakistani
LOCATION: Baton Rouge, Louisiana
Our Pakistani client contacted our office in December 2010. He called from Houston Texas. A potential employer headquartered in Sacramento California wanted to hire him as an Operations Research Analyst for their office in Baton Rouge Louisiana. Our had questions regarding may possible issues they may face, including the headquarters being in a different location and the fact that their 2010 tax return shows more than a negative $300,000 taxable income. Prior to the company retaining our office, we made sure the case was winnable and asked them to fax us some documentation to assess the feasibility of the I-140, especially the “ability to pay” issue. We reviewed the documents (still part of the free consultation) and told them it could be done. The company thus retained us to do an EB-2 Labor Certification (PERM) and I-140 for our client.
All the pre-PERM filing steps were executed quickly, from the prevailing wage request, job order, advertisements, and internal job posting. Specific rules pertaining to these steps in Louisiana were also reviewed thoroughly prior to execution. We then filed the Labor Certification on March 7, 2011 and on May 2, 2011, the application was certified and approved.
We then proceeded with the I-140. One of the main requirements for the I-140 is that the petitioning company must show that it has the ability to pay the proffered wage for the beneficiary’s position. Despite the negative taxable income, we provided all schedules of Petitioner’s tax return and argued that their net current assets are over and above the proffered wage. We provided the calculation on the cover letter, cited a CIS internal memo on the “ability to pay” issue, and attached the tax return schedule that showed the net current assets. The I-140 was filed on June 16, 2011 and on July 27, 2011, the I-140 was approved.
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