EB-3 Visa Approved Despite Pay Wage Problem

• The US company’s financial situation was not as strong as they had made it seem in their application
• Proving the ability to pay wages is notoriously difficult to do
• Mr. Ting’s family was already in the process of getting their green cards

BACKGROUND

Mr. Ting, a Malaysian IT specialist, participated in the H-1B work lottery and ended up being granted three years in the U.S. He became employed with a U.S. company as an IT manager during that time, and quickly began thriving in that position. As such, in September of 2017, the company decided to apply for an EB-3 visa which would allow Mr. Ting to stay in the U.S. and continue his operations with them. Grateful for the opportunity, in January of 2018, Mr. Ting got his family started on the lengthy and demanding green card application process so that they would be able to join him there as he worked and they can build a life together in the United States.

The whole procedure seemed to be moving along smoothly– until in May of 2018, the U.S. Company received a request for further evidence regarding their ability to pay Mr. Ting fair wages. One of the requisites for this type of visa is the ability to provide evidence of the beneficiary’s yearly earnings meeting or exceeding a bare minimum figure; Mr. Ting’s salary records from his previous years with the company implied that he had been taking home less than that minimum number. Simply put: if they were unable to prove that Mr. Ting’s income did indeed qualify him for the benefits of an EB-3 visa, then he would be forced to leave the U.S. after his three years were over and therefore step down from his management position with the company. Not only would Mr. Ting be losing out on a promising career, but his family would be stranded right in the middle of a complicated green card situation, as well.

Discrepancies in numbers and finances are particularly hard to account for from a legal perspective, and the company had no idea where to begin in rectifying the situation. Understanding that they could not afford to make any mistakes in resolving this issue, they sought guidance from us at Tsang & Associates.

KEYS TO SUCCESS

Since the company’s financial situation was not as strong as they had implied on the original application, we realized they were already at a disadvantage when it came to showing how capable they are of paying higher wages. Taking this into account, our strategy was to scrutinize every aspect of Mr. Ting’s salary records, looking for discrepancies or underreported figures.

Working with both the petitioning company and the beneficiary himself, we quickly discovered that Mr. Ting had 1.5 months of unpaid leave during his most recent year of employment. Knowing this, we compiled timesheets of the intervals in which he was gone, positing that Mr. Ting’s yearly earnings would have met the minimum requirements for this visa if he had not taken so much time off. We calculated a more accurate representation of his normal salary, proving beyond a doubt that this number was higher than previously suggested.

OUTCOME

A few weeks after the U.S. Company came to us for help, and we were able to secure the EB-3 visa for Mr. Ting. While the company was overjoyed to have found a solution to their employment debacle so quickly, Mr. Ting was especially thankful that he could keep working while his family waited on their green card approvals. He could now be excited about the prospects of his future, knowing his family was going to be right by him.