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What is requirement of solo proprietor to sponsor green card? Can I do that if I have assets to cover the person's salary?
Anonymous6 views3 answers
I have owned my business as solo proprietor since 2013 and would like to sponsor green card based on employment. My business has not been profitable yet but am expecting the sales to make a big increase by the end of 2015. Please tell me what the requirements are to sponsor green card. I heard assets could be proof to show my ability to sponsor it if my company does not have the big sales yet.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Based on the facts you cite herein, you are likely to fact two (2) or even (3) main obstacles:
1. Ability to come up with a job title/ position and job duties that will withstand muster of the US Dept. of Labor;
2. Ability to convince DOL that a genuine "job opportunity" exists, once DOL learns that you are a "one man show' and a "closely held business";
3. Ability to convince USCIS later on (assuming DOL approves your application for labor certification of your "Ability to Pay" the salary/wage for the position mandated by DOL. The classical way of proving it is by showing that your net income after taxes is equal to, or greater than the DOL mandated "prevailing wage" for the position, or by showing that the foreign national beneficiary is already employed by you on a temporary work visa- mostly H-1B and that his/her salary is equal to or greater than the "prevailing wage" you attested to . The Ability to Pay requirement "attaches" on the year to file the Labor Cert. application with DOL and "continues" year after year until the alien is finally able to apply for permanent residency, based on his Employment Category's quota being open or "current". If all of this is Chinese to you (unless you are Chinese yourself), then invest a little money in consulting with an experienced immigration lawyer, understanding the process and its feasibility in your and the beneficiary's situation.
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Ther requirements are the same sole proprietor or not. You need to establish you cannot find qualified workers in the USA; establish the need to hire and ability to pay. Disclose if the immigrant is your relative.
