Originally posted by Gcseeker
> hi gurus,
> if a company has profits of $500K (profits OR assets-liabilities)
> and it applied for green cards for 10 guys each getting a proposed
> salary of $100K
> would INS decide the company's ability to pay, by
> dividing/distributing
> the company's profits among all the applicants' proposed salaries
> and decide
> accordingly for a particular case ?
> OR
> would INS take an individual applicant's case with $100K proposed
> salary and look
> at the company's total profits $500K and then agree that the
> company will
> be able to pay the individual applicant's salary ?
> your answers are highly appreciated.
> thanks,
> gcSeeker
Hi:
"Ability to pay" is a hot issue. At least CSC will be quite creative in
coming up with reasons on inability to pay.
Our office just had an interesting one where they propose to REVOKE a
petition pursuant to a statute which specifically prohibits such
revocations and punts the issue to immigration court -- goes something
like this.
"AAO has issued an informal memorandum stating how a coprorate tax
return is to be examined: formula #1.
"In applying the formula articulated above [formula #2 which is
different from formula #1], the following can be seen:
"[ Stated figures from tax returns and results which match neither
formula #1 or formula #2, and are therefore formula #3 -- a formula
which cannot be deduced using standard algebraic principles]."
The Service Centers will often CORRECTLY cite the appropriate law and
then proceed to not apply it.
So, the only principle I've been able to deduce is that "Law, we don't
apply the law, we don't have to, we're the Department of Homeland
Security! " [Aploogies to Lilly Tomlin].
__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
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