Evidence Sufficient to Issue an Approval
If the case is filed with the required initial evidence, the adjudicators do not have to issue an RFE to request additional proof of ability to pay. The Memo indicates that the adjudicators should make a favorable decision if the case contains proof of one of three specific matters. The first is that the company's net income is equal to or greater than the wage that is offered. The second is that the company's current net assets are equal to or greater than the offered wage. The third is that the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage.