Immigration Issues/I-140 Questions

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Question

Hello Mr.Arora,

Thanks a lot for your time and also for answering my
previous questions about my PERM!!

Last week, my employer told me that the DOL website has
changed my PERM application status to certified.The
application was filed in Sept 2009.

I work as a "Computer Science Instructor" for a magnet high
school (a public specialized sci/tech school) and my
employer is getting ready to file for my I-140.

Quick Background:

1)PERM requirements are MS in Computer Science + 0 years
of experience. No training requirement.

2)Offered wage in PERM was more than prevailing wage. The
prevailing wage validity period was 05/08/09 to 08/08/09.
My current wage is the same as the offered wage as indicated
in PERM.

My questions:

a)My employer is mostly funded by state funds. So,they do
not have federal tax returns. What they do have are annual
budget reports which outlines sources of revenue and
expenditure. They are public record and available on the
employer website.

Along with my pay stubs from Sept 2009 to current and my W-
2s for the last three years, will submitting the annual
reports for 2009-2010 and 2010-2011 suffice for proving
ability to pay? If no, kindly let me know what other
documents will be needed to prove ability to pay?

b) There are no signatures in the annual budget document.
Its a 50 page pdf document. Would you recommend the Director
of Finance sign/seal this document?

c) Is my graduate transcript from a US University enough to
prove PERM/Job requirements for MS + 0? If no, kindly
suggest additional documents.

d)In the I-140,Page 3, Part 5, there are questions asking
the Type of Business, Gross Annual Income and Net Annual
Income. My employer will be entering "Public Educational
Institution" for type of Business and $0.00 for Annual and
Net Annual income. Is that fine?

I cannot thank you enough for reading this long message!!

Thank you so much!!!!
Zent

Answer
Hi,

Since the employer is not a for-profit company, document such as annual budget is sufficient to show that the employer is capable of paying the offered salary. Thus, the annual budget along with a brief letter from an official such as the chief financial officer, certified public accountant, or similarly situated individual can verify that the attached annual budget is connected to [name of school employing you] and that same organization is capable of paying the offered salary.

Your W2's along with recent pay stubs that are being attached to the I-140 also indicate that the employer is already paying you an offered salary and thus the USCIS presumption will be that the employer is capable of paying you the offered salary in the future as well without going bankrupt.

The master's degree transcript is fine if it indicates date of graduation. I suggest also attaching evidence of completing bachelor's degree such as degree certificate or diploma, or transcripts, translated into english if applicable.

"Enough to pay salary" or "Public Educational Institution" is fine in the specified fields in I-140.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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