Showing An Employer's Ability To Pay In Immigrant Petitions

By Anita Smalley and Douglas Halpert (March 17, 2021, 6:09 PM EDT) -- A hurdler's worst nightmare is to clear all hurdles, head down the final straightaway and then trip and fall just before the finish line. Unfortunately, in recent years this fate has befallen many organizations that sponsor foreign national employees for permanent resident or green card status.

After a concerted investment of time and resources, the employer successfully completes the highly complex program electronic review management, or PERM, labor certification process with the U.S. Department of Labor. Then, to its surprise, the employer receives a U.S. Citizenship and Immigration Services denial of the I-140 immigrant petition — the step that follows the initial PERM...

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