The USCIS adjudicators are required to make a positive ability to pay determination in anyone of the following circumstances:
- NET INCOME: The initial evidence reflects that the petitioner's net income is equal to or greater than the proffered wage.
- NET CURRENT ASSETS: The initial evidence reflects that the petitioner's net current assets are equal to or greater than the proffered wage.
- EMPLOYMENT OF THE BENEFICIARY: The record contains credible verifiable evidence that the petitioner not only is employing the beneficiary but also has paid or currently is paying the proffered wage.
This is according to a USCIS Memorandum, by William R. Yates, Associate Director for Operations, Determination of Ability to Pay under 8 CFR 204.5(g)(2), dated May 4, 2004.
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