For I-140 petition, what is the employers ability to pay the proffered wage?
For immigration categories that require the Labor Certification application, once the employer has obtained the Labor Certification, the employer can file an I-140 immigrant petition for an alien with the USCIS. One purpose of I-140 petition that requires a certified Labor Certification is to establish that the employer has the ability to pay the offered wage stated in the Labor Certification application. The employer must be able to prove its ability to pay the proffered wage at the time the priority date is established, and continuing until the beneficiary employee obtains the lawful permanent residence.
