Today, Atento delivers services in 13 countries, employing over It is the number one player by revenue in the high growth Latin America region, and among the top five providers worldwide.
Thus, it is critical to clearly specify the job duties that the alien beneficiary will perform, and explain how these duties satisfy the definitions of executive and managerial capacity. It is also important to demonstrate that the alien beneficiary will spend the majority of time engaging in executive or managerial duties.
Employers must prove that: USCIS requires strict compliance with these rules. USCIS will reject the petition if the employer lacked the ability to pay from the date of filing.
There are no exceptions to this rule. It may also have to provide its tax return later, while the application is being processed. In the alternative, the U.
The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence.
Evidence of this ability shall be either in the form of copies of annual reports, federal tax returns, or audited financial statements. In appropriate cases, additional evidence, such as profit loss statements, bank statements, or personnel records, may be submitted by the petitioner or requested by the Service.
While the petitioner is under no obligation to actually pay the proffered wage prior to the petition's approval, the petitioner must nevertheless establish that it was able to pay that wage at the time of filing. For the petitioner's ability to pay the beneficiary's proffered wage, USCIS adjudicators will focus on the financial figures that represented the petitioner's net income and net assets at the time of filing.
While the evidence may establish that the petitioner employed the beneficiary at the time of filing, USCIS will determine that if the employer did pay the beneficiary a salary that was equal to or greater than the proffered wage.
Therefore as a result, there should be a facie proof of the petitioner's ability to pay the beneficiary's salary. As an alternate means of determining the petitioner's ability to pay, USCIS adjudicators may examine the petitioner's net income figure as reflected on the federal income tax return, without consideration of depreciation or other expenses.
Reliance on federal income tax returns as a basis for determining a petitioner's ability to pay the proffered wage is well established by judicial precedent. Also, in light of the petitioner's business income, the USCIS may consider the petitioner's net current assets.
The net current assets are the difference between the petitioner's current assets and current liabilities. If the total of a corporation's end-of-year net current assets and the wages paid to the beneficiary if any are equal to or greater than the proffered wage, the petitioner is expected to be able to pay the proffered wage using those net current assets, and the petitioner's net current assets should not be a negative number.
If the petitioner has failed to establish its own ability to pay the beneficiary's proffered wage, then a petition cannot be approved.
The Process of U. As an option, the alien applicant may also file concurrent Form I, Application to Adjust Status, if an immigrant visa number for the EB-1C category remains immediately available, which is true for most of the cases.NRG Engineering, headquartered in Singapore, offers Project Management Consultancy (PMC), Technical Assistance, Engineering Studies and Training to the Oil and Gas, Energy, Mining and Infrastructure industries.
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