LADC LLC – EB-3 Employer Ability to Pay

LADC LLC is an employer seeking to sponsor a foreign worker under the Employment-Based Third Preference (EB-3) immigrant category. The sponsoring employer's financial ability to pay the offered wage is an important requirement for an employment-based immigrant petition.

Generally, the employer must demonstrate that it has the ability to pay the proffered wage from the applicable priority date through the time the beneficiary obtains lawful permanent residence.

USCIS may consider evidence of the employer's ability to pay, including federal income tax returns, annual reports, audited financial statements, and, where appropriate, additional financial and payroll records such as profit-and-loss statements, bank records, and personnel records.

Accordingly, LADC LLC should maintain appropriate financial documentation demonstrating its continuing ability to meet the wage obligation associated with the sponsored EB-3 position throughout the required period.