Advanced Ability-to-Pay Issues - Recording (.MP3)

Advanced Ability-to-Pay Issues - Recording (.MP3)

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Recorded 03/08/2018
CLE Eligible Yes
Length 90 min.
Format MP3
SKU WS2018-03-08-DL

An essential component of filing the I-140 petition is the employer’s ability-to-pay the beneficiary’s proffered wage. If the employer currently employs and pays the beneficiary, at minimum, the proffered wage, then demonstrating this can be straightforward. However, in many instances this is not the case, which brings up unique challenges in establishing ability-to-pay. Our panel of experts will discuss advanced issues relating to ability-to-pay, and examine what practitioners should consider when preparing an I-140 petition.

Featured Topics

  • Determination of Ability-to-Pay Pursuant to the Regulations and Agency Memorandum
  • Overcoming Ability-to-Pay When Net Income or Current Assets Are Insufficient
  • Impact of Successor-in-Interest on Establishing Ability-to-Pay
  • I-140 Portability While the Petition Is Pending
  • Significance of Matter of Sonegawa and the “Totality of the Circumstances”

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Lorna A. De Bono (DL), AILA CSC Liaison Committee Chair, Los Angeles, CA
Lorna A. De Bono is a Partner at Haight Law Group, PLC in Los Angeles, where she focuses her practice on business immigration. Active in AILA on both the local and national levels, Ms. De Bono is a past chair of the AILA Southern California Chapter, immediate past Chair of the Nebraska Service Center Liaison Subcommittee and current Chair of the California Service Center Subcommittee.

Jason Abrams, New York, NY
Jason Abrams has been a partner with Abrams & Abrams LLP since 2008. He specializes in employment-based and family-based petitions and applications, including H-1B, H-3, and L-1 nonimmigrant visas and all immigrant petitions, including skilled and unskilled workers, extraordinary ability, and multinational manager petitions. Mr. Abrams also works on complicated situations involving fraud allegations or identity theft. Additionally, he appears in Immigration Court for adjustment hearings and Cancellation of Removal cases. Mr. Abrams is a member of the New York State Bar Association and the American Immigration Lawyers Association. He also is chair of the New York Chapter's Committee on the Unauthorized Practice of Law. This committee gathers evidence on and works with law enforcement to stop nonlawyers from preying on their local communities through unlicensed legal work. Mr. Abrams sees many clients who have been victimized by the unauthorized practice of law.

Jacquelyn Maroney, Austin, TX
Jacquelyn Maroney practices in the Austin office of Ogletree. She provides comprehensive business immigration representation to domestic and multinational corporations with a focus on the software, information technology, semiconductor, biotechnology, health care, and oil and gas industries. Ms. Maroney brings extensive experience to bear on the full range of business immigration. She has a strong record of partnering with corporations to develop, execute, and continually improve domestic and global immigration programs that deliver value while reflecting the corporate client's priorities and unique culture.

The speaker's/author’s views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author’s experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.