Request For Evidene from USCIS for Employer's Ability to Pay

Question,

We recently received an Request For Evidene from USCIS for our Form I-140 petition, asking for employer's evidence of "ability to pay". Does this mean that our Form I-140 may be denied?

Answer,

The employer's "ability to pay" is a requirement for the employer filing an Form I-140 immigrant petition. The petition should  demonstrate that the U.S. employer has sufficient money to pay the offered wage for the alien applicant with the permanent of full-time position within the company. To approve an Form I-140 petition, the USCIS requires proof of the company's ability to pay the offered wage, starting with the labor certification filing date.

USCIS will deny the Form I-140 petition if the employer is failed to establish the ability to pay the offered wages. If your petition is denied due to this reason, the petitioner can file a motion to reopen the case, and try to obtain the I-140 approval if there is new evidence.

The following issues may indicate the employer's failure to establish the ability to pay the offered wages:

1) the employer's years of a negative revenue;

2) the employer's financial fluctuations were unusual, and reflect the overall ability of the company to meet its wage obligations;

3) the employer has an unusual set of setbacks in business and income;

4) the employer has a serious other conditions in the business. 

http://www.greencardapply.com/question/question16/Employer_Ability_to_Pay_071116.htm

http://www.greencardapply.com/i140.htm