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Ability to Pay Wage & EB-1C Green Card

By January 12, 2023Immigration
Two employers or employees having a discussion

Eb1-c green card is a great option for international managers/executives who want to permanently reside in the U.S.

One of the requirements for the green card is that the U.S. employer pays the foreign national’s wage as represented in the Eb1c petition from the priority date  (this is usually the day USCIS receives the Eb1c petition) until the foreign nationals obtains a green card. This is so called “ability to pay wage requirement” and the government wants to see that the job offer the U.S. company is providing to the foreign national is realistic and the company will be able to pay the foreign national’s wage.

What type of evidence can the employer submit to meet this requirement?

The employer can submit the following types of evidence to meet this requirement:

  • Annual Reports
  • Federal Tax Returns
  • Audited financial statements
  • Statement from a financial officer confirming that the company has ability to pay the wage (only if the company employs 100 or more employees)
  • Profit and Loss Statement
  • Bank Statements showing available funds
  • Personnel records

Is there a minimum wage the U.S. employer needs to pay?

There is no minimum wage the U.S. company needs to pay to the foreign national and the US company does not need to apply for a prevailing wage determination. However, if the wage being offered to the foreign national is too low, the government may wonder whether the position is really a managerial/executive position, and therefore the wage should be consistent with what managers/executives are paid in a particular geographic area.

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