Schedule C 에 세금보고를 하면 스폰서분의 개인 expenses summary 를 요청 합니다. 그분의 개인 expenses 를 빼고도 남은 금액으로 적정임금 지불능력이 되면 허가가 나옵니다.
추가로 그분 은행잔고 등도 접수 하면 도움이 될수 있습니다.
아래의 설명서/법정규정이 도움이 될수 있을거 같습니다.
In addition to tax returns, profit and loss statement, annual reports, bank account records and/or personnel records may be submitted as additional evidence of ability to pay beneficiary’s wage. 8 C.F.R. Section 204.5(g)(2). The precedent decisions of In Re:X, 10 Immig. Rptr. B2-72(1992) and In Re: X, 15 Immig. Rptr. B2-22(1995) allow petitioner to submit additional evidence that petitioner has sufficient funds and financial resources available to pay the beneficiary’s proffered wage. The use of supplementary evidence to show the ability to pay in a case where the business’ tax returns indicated insufficient income was also affirmed by the Board of Immigration Appeals and the federal courts, O’Conner v. Attorney General Of U.S., 1987 WL 18243 (D.Mass., 1987); C & K Corp. v. Sava, 1986 WL 2816 (S.D.N.Y.,1986); Matter of Sonegawa, 12 I. & N. Dec. 612 (R.C.1967).
Therefore, the following documents are submitted to evidence that the petitioner has the ability to pay beneficiary’s wage.
1. Profit and Loss Statement
The profit and loss statement for the year 2010 shows that the petitioner has generated net income of around $114,000 (Exhibit 1). As such, the petitioner clearly has the ability to pay the proffered wage.
2. Petitioner’s checking account shows that it has the ability to pay beneficiary’s wage
Please see petitioner’s checking account statements for July of 2010 to December of 2010 (Exhibit 2). The bank account statement shows that the petitioner generates around $60,000 in cash flow each month. The statement ended December 31, 2010 shows that it has $33,683 in its bank account.
3. Petitioner has 16 employees on payroll on its EDD Form DE-6 with payroll expense of $55,391.50 during this period Petitioner’s Form DE-6 (for the first quarter of 2010) shows that the petitioner currently has 16 employees on its payroll (Exhibit 3). The total payroll expense for this period was $55,391.50 (Exhibit 3).
4. Petitioner’s business will continue to grow and prosper.
In the case of Matter of Sonegawa, I. & N. Dec. 612, Interim Decision (BIA) 1835 (1967), it was held that a petition cannot be denied solely when the net profit is not commensurate with the salary specifications of the labor certification where it is found that petitioner’s business has increased, where the expectations of continued increase in business and profits are reasonable expectations and, where it has been established that the petitioner has the ability to meet the wages stipulated in the labor certification.
The instant case is very similar to Matter of Sonegawa. In the instant case, the petitioner has been in business since 2005 (Exhibit 1), and the business continues to thrive in spite of the current economic slump. In 2006, the petitioner generated around $170,853 in gross revenue (please see the first page of 2006 tax return, attached as Exhibit 4). For the year 2009, it generated $546,595 in gross revenue, and 2010 gross revenue is around $743,000 (Exhibit 1). As such, like the situation in Matter of Sonegawa, the petitioner’s business has increased over the years, and there is reasonable expectation of continued further growth.
