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Ability to Pay_US Subsidiary of a Multinational

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  • Ability to Pay_US Subsidiary of a Multinational

    Dear all,

    I hope to get some inputs from all the experts or the people who have had the similar experience. My company, a newly established U.S. subsidiary of a German technology multinational with over 400 global employees have filed the I-140 on my behalf. We received the RFE due to the ability to pay issue.

    Our U.S. operation is of cause backed by the parentCo via a off-balance sheet line of credit up to $2 million. Whenever we need money, the parentCo wires us the money. We have grown from 3 employees a year ago when I joined to almost 9 people by now. My current wage is $35,000 lower than the Prevailing Wage. The U.S. entity, as you can imaging, it not profitable and probably net assets value by USCIS definition.

    Our German parentCo, have had positive earnings and cash flow until FY2017 due to heavy investment into oversea operations and development of new technology platforms. The whole company increased the headcount from 350 to 450 during FY2017 and now FY2018. The positive thing is that our parentCo is a publicly listed company with over $100 million market cap with over 450 in 12 countries.

    I am wondering if anyone here have had any experience that may assemble the situation I am in. I'd love to hear what "non-standard" documents may be used to counter this "ability to pay" issue.

    Thank you very much.

  • #2
    I-140 approved!

    Originally posted by Goodluck120 View Post
    Dear all,

    I hope to get some inputs from all the experts or the people who have had the similar experience. My company, a newly established U.S. subsidiary of a German technology multinational with over 400 global employees have filed the I-140 on my behalf. We received the RFE due to the ability to pay issue.

    Our U.S. operation is of cause backed by the parentCo via a off-balance sheet line of credit up to $2 million. Whenever we need money, the parentCo wires us the money. We have grown from 3 employees a year ago when I joined to almost 9 people by now. My current wage is $35,000 lower than the Prevailing Wage. The U.S. entity, as you can imaging, it not profitable and probably net assets value by USCIS definition.

    Our German parentCo, have had positive earnings and cash flow until FY2017 due to heavy investment into oversea operations and development of new technology platforms. The whole company increased the headcount from 350 to 450 during FY2017 and now FY2018. The positive thing is that our parentCo is a publicly listed company with over $100 million market cap with over 450 in 12 countries.

    I am wondering if anyone here have had any experience that may assemble the situation I am in. I'd love to hear what "non-standard" documents may be used to counter this "ability to pay" issue.

    Thank you very much.
    My 1-140 was approved in mere one week after the submission of the RFE. Since I worked with my lawyer framing this response, I am happy to share my experience if anyone has any questions. Basically, we argues that the capital infusion from our parent company is really an equity instead of a debt instrument (for tax purpose). Happy New Year to you all! Best of luck to all of us in 2019!!!!

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