全面测试公司付薪能力

AAO最近的一项决定批准了有关一位技术工人/专业人士其公司有能力支付他薪水的申请。该决定是经过对公司进行全面经济情况考核，其中包括雇员人数不断增加的情况，收入状况以及薪水支付总额之后作出的。详文如下： 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. -------------------------------------------------------------------- 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 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]