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Listserv Q&A for
"Grant Me This Much: Obtaining Immigration Benefits From The USCIS Regional Service Centers"

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

Question:

Re: ABILITY to Pay - Will a guarantee by parent company or major shareholder of corporation be accepted?

Answer by California Service Center:

A corporation is a separate and distinct legal entity from its owners or stockholders. Consequently, any assets of its stockholders or of other enterprises or corporations cannot be considered in determining the petitioning corporation's ability to pay the proffered wage. See Matter of M, 8 I&N Dec. 24 (BIA 1958; AG 1958); Matter of Aphrodite Investments Limited, 17 I&N Dec. 530 (Comm. 1980); and Matter of Tessel, 17 I&N Dec. 631 (Act. Assoc. Comm. 1980).


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