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Filing for an future employment based green card through a small consulting and services firm - is it possible?

Irvine, CA |

Hi -

This 10-12 person company is looking to expand into a healthcare related consulting domain in the next couple of years. My wife has a healthcare background with an advanced degree with relevant experience with very well regarded employers and schools. This company is ready to make a good offer for a future employment and file for a green card right now. She is currently working for another employer who is dragging their feet on filing for a green card.

How likely are we to succeed with such a green card filing and / or audited? The company is legitimate, has clients, tax filings and revenue to prove it all and they're genuinely interested for a high up role.

Please no generic response or disguised sales pitches.

The company is profitable and can pay the prevailing wage for at least an year before assessing the feasibility of the expansion

Attorney Answers 6


  1. Is the employer profitable? It sounds like a legitimate company, but one of the primary requirements in employment-based sponsorship is that the company must have the ability to pay the prevailing wage from the priority date. This is an issue that a number of start-up petitions run into, so this would need to be evaluated closely. The company can use net assets or income to meet the ability to pay requirement. This is just one of a number of variables to consider prior to embarking down the labor certification/employment petition/green card path.

    Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.


  2. Everything is possible. At this day and age, any legitimate aspiration is fulfillable with hard work and proper guidance. Hire an immigration attorney for a consultation during which you would be able to assuage your curiosity.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. You would need to be paid the prevailing wage in your area for such a position. If the company cannot afford to pay you that much, it might not be possible.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client relationship. For more information, please visit www.justinelderlaw.com.


  4. How about you mention some of the drawbacks that you see which makes you doubt this filing?

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  5. Small companies do a lot of green card filing. It is more difficult to prove ability to pay if the employee is not working for them. If it is an option, suggest your wife work for them on a H1 while the green card filing is ongoing. Makes the petition easier to approve. Check out the faqs at immigrationdesk.com . I've responded to several questions related to 140 filings under the "Ask Anu" section. Good luck!

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  6. The most important requirement to consider is the company's ability to pay the prevailing wage for your position at the time of the priority date. There are other factors that the USCIS may consider when making that determination i.e. Company assets, Previous earnings etc but if the company is not profitable then you're I-140 petition will most likely not get approved. Good luck.

    Please be advised that this response or related comments are general in nature and meant to be for informational purposes only and cannot be construed as legal advice. Furthermore, any comments posted on this forum are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 714-417-9955 to schedule a consultation. Thank you.

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