全麵測試公司付薪能力

AAO最近的一項決定批準了有關一位技術工人/專業人士其公司有能力支付他薪水的申請。該決定是經過對公司進行全麵經濟情況考核，其中包括雇員人數不斷增加的情況，收入狀況以及薪水支付總額之後作出的。詳文如下： In a recent AAO decision (Matter of X, WAC 03 158 53192 (AAO Nov. 10, 2005)(Cal. Serv. Ctr.)), the AAO approved a petition for a skilled worker or professional where the corporate petitioner established its continuing ability to pay the proffered wage through the totality of its financial circumstances, including its continuing growth in number of employees, gross receipts, and total wages paid over time. In that case a civil engineering company sought to employ an administrative officer, with the proffered wage of $38,380 per year. The petitioner ted evidence that it historically employed between twenty-seven and thirty employees and was employing thirty-two people at the time of the petition. Additionally the company ted evidence of continuing growth in its gross receipts and wages paid. The director denied the petition, finding that the petitioning company did not establish its continuing ability to pay the proffered wage. Upon an appeal, the AAO approved the petition finding that the company did establish its continuing ability to pay the proffered wage based upon the totality of its corporate circumstances evidencing financial strength and vitality. The totality of circumstances test is an important factor in cases where the petitioning company does not show enough financial surplus to pay the proffered wage in their tax returns, but that has such an ability due to its growth and size of operations. -------------------------------------------------------------------- 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]