Guide: PERM & I-140 Deep Dive

Successor-in-Interest

If your sponsoring company is bought (M&A) during the Green Card process, you don't necessarily lose your place.

Rule: The new company must assume all immigration liabilities and the job must remain virtually the same. We handle the Amended I-140 to bridge this.

Ability to Pay (ATP)

Small companies (<100 employees) must prove they can pay your salary from the day PERM was filed. We use:

• Net Income: Must exceed the offering wage on Tax Return.
• Net Assets: If income is low, can use liquid assets (Cash/Stocks).
• Current Pay: If you are already on H-1B getting that salary, ATP is automatically met.

Audit Red Flags

Avoid these to prevent PERM Audits:

• Foreign Language Requirement (unless strict business necessity).
• Job requirements that exactly match your resume (Tailoring).
• Employer address is a residential home.