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Q: When does the employer have to pay the offered salary to the alien employee?
A: Because the PERM LC and immigration visa petition is filed for a prospective job, the latest time that the employer has to pay to alien the offered salary (equal or higher than the prevailing wage) is when the alien receives permanent residency (the Green Card). However, the employer has to demonstrate the ability to pay the offered salary throughout the whole PERM LC process as well as throughout the I-140/485 process until the alien receives Green Card.

Q: How does employer to demonstrate the ability to pay offered salary?
A: The employer can demonstrate its ability to pay by using either one of the following:

if the alien employee was employed by the employer, the alien’s actual paid salary is equal or higher than the offered salary in Labor Certification during the whole process; or,
if the alien is not employed with the employer during the process or alien’s salary has not met the offered salary in labor certification, the employer must demonstrate:
the employer’s net assets is in excess of the offered salary in LC petition; or,
he employer’s net profit is in excess of the offered salary in LC petition.