How to Prove the Employer’s Ability to Pay in EB-3

When an employer files an I-140 Immigrant Petition for Alien Worker under the EB-3 category, USCIS requires evidence that the employer has the financial ability to pay the offered wage. This obligation begins from the priority date (the date the PERM application was filed) and continues until the foreign worker becomes a permanent resident.
Under 8 C.F.R. § 204.5(g)(2), an employer can demonstrate ability to pay through:

• Net income (showing sufficient profit on tax returns)
• Net current assets (demonstrating liquid assets to cover the wage)
• Actual wages already being paid to the employee
• A financial officer’s statement, if the company employs 100 or more workers

The company’s net income or net current assets must be equal to or greater than the offered wage. If the company is already paying the wage to the employee, that’s often the simplest way to prove ability to pay.

A special consideration exists for large employers. If a company has 100 or more employees, they can submit a statement from a financial officer to prove their ability to pay, which can be a lifeline if other metrics are not favorable.