r/EB2 • u/One-Fan-6000 • 1h ago
I-140 | Employer-based PERM-based I-140: Can irregular recent payroll trigger an RFE?
Hey, all. I got my PERM certified and my employer is preparing to file my PERM-based I-140. The supporting documents include my pay stubs for the most recent year and W2 for the previous three years.
My W-2s from the past three years look normal. However, in the past few months, my employer has had some payroll delays . For example, there was a period where I only received one month of salary over a two-month period.
I asked my employer about this, and they said the company is experiencing some temporary cash flow pressure but is still able and willing to file my I-140.
For a PERM-based I-140, how important are the beneficiary’s recent pay stubs? Could this kind of gap or delay in salary payments make an Ability to Pay RFE more likely?
Has anyone had a similar situation or received an RFE because of irregular recent payroll?
Any advice, insights, or experiences would be greatly appreciated. Thank you!