2nd I-140 Approved After Previous Denial

After obtaining a certified labor certification for a complicated position (an artistic design position), our firm was excited to proceed to step 2 of the greencard process (the I-140) for our clients, as that we had predicted that step 1 would be the most difficult step of the process (this is usually the case). However, we learned that the petitioning company had been using a cash accounting system for their taxes, and per their business model, they had very little net income on their tax returns. We attempted to convince USCIS to still grant the I-140 based on other evidence (shareholders’ contract, net worth of the founders, etc. . .); however, USCIS, per their regulations, denied the I-140 because of insufficient net income to show ability to pay the foreign national employee. This denial was extremely harsh because the labor certification was no longer valid (labor certifications are only good for a period of 6 months from certification). HOWEVER, we discovered a exception to this rule in an old USCIS policy memorandum that allowed for 2nd I-140s in the event that the first one was denied due to lack of ability to pay evidence. We had the company re-do their accounting and obtain independently reviewed accounting reports that showed substantial net income based on an accrual accounting system. Additionally, we included other evidence to show substantial assets. We filed with premium processing and the petition was approved in one week! The foreign national and company were ecstatic and now we are awaiting the arrival of the employee’s greencard!