To obtain an I-140 approval, the sponsoring employermust be able to demonstrate that the employer has the ability to pay therequired wage to the sponsored employee.
The USCIS updated its policymanual,regarding ability to pay, on March 15, 2023. In order to establish the abilityto pay for a green card case, the employer/sponsor must include one of thefollowing:
(1) employer’s annual report,
(2) employer’s federal taxreturns, or
(3) employer’s audited financialstatement, with the I-140 filing.
However, if the employer has more than 100 workers,a financial officer statement can be included in lieu of one of these threedocuments. The USCIS may acceptthe financial officer’s statement.
If a financial officer statement is included, thestatement should detail the employer’s finances and ability to pay based onhaving 100+ employees. Examples of financial officer statements USCIS will NOT accept can be found in thepolicy manual as well.
In addition to the required ability to pay evidence,USCIS will consider all evidence relevant to the employer’s financial strengththat is submitted with the I-140 petition. USCIS may even request additionalevidence of ability to pay from an employer. Examples of additional evidenceare: employer’s bank account statements, personnel records, income and assetsof others, credit limits, bank lines and lines of credit.