The petitioner is structured as an S corporation. The alien labor certification application with a priority date of April 30,2001 filed with the I-140 petition reports a proffered wage in the amount of $35,401.00. The petitioner’s tax returns for the years 2001 through 2009 report the following ordinary business income[ shown on line 21 of page 1 of IRS Form 1120S.]:
2001-$44,478.00
2002-$37,957.00
2003-$38,920.00
2004-$22,355.00
2005-$30,962.00
2006-$94,562.00
2007-$45,661.00
2008-$63,641.00
2009-$46,658.00
As demonstrated below, the petitioner had the ability to pay the proffered wage to the beneficiary in 2004 and 2005, even if its ordinary business income for those years was lower than the proffered wage.
Petitioner’s ability to pay the proffered wages during the years 2004 and 2005
When a petitioner is structured as an S corporation, the USCIS Administrative Appeal Office (AAO) may consider the corporation’s expense category of compensation of officers[ shown on line 7 of page 1 of IRS Form 1120S.
] as an additional financial resource of the petitioner, in addition to the corporation’s ordinary business income, available to to pay the proffered wage to the beneficiary (Exhibit 1-AAO decisions). In support of this argument, the AAO may consider the following documents: A statement from the officer of the corporation demonstrating that he is willing and able to forgo his compensation for the years in question; and
Documentary evidence showing that the officer of
The appellants view the “substance” of the transaction is over the “form”. Generally, taxpayers are bound by the form of their transaction and may not argue the substance triggers different tax consequences. The Tax Court found the form and substance of the transaction was a loan from the bank to VAFLA and not to the appellants. The proceeds were to be used in the operation of the business and petitioners were not free to dispose the loan. Nor were the payments reported as constructive dividends.
The investigation brought about the dissolution of the firm. Mr. Lomanno became fearful that this investigation would expose his embezzlement scheme. He decided to seek legal advice and he contacted a criminal attorney. The matter was taken up with the office of the US Attorney. He confessed for all his wrong doings and was offered a plea bargain which had a condition that he file his returns for the year 1986, 1987, and 1988 which had not being filed. The income from embezzlement was reported as “other income” and was in tunes of $45,007 for 1987 and $15,005 for 1988. Because he did not want the petitioner to know about this, he prepared the returns alone and tried to hand them in unsigned. The officers saw the unsigned part and wanted it signed. He went ahead and forged the signature of the petitioner. The petitioner came to learn of her husband’s embezzlement in the year 1990 through a probation officer and through a letter received from IRS revenue agent. The couple divorced in 1991. Mrs. Lomanno petitioned to be exempted from the tax return payments. In this case, the petitioner filed a subject motion for attorney’s fees and litigation costs.
Our client is a scientific researcher at Florida University and holds an H1b visa. He hired us to help his extension of H1b and to submit his employment immigration application. After attorney Zhou carefully reviewed his case, she decided to file EB2 national interested waiver. The waiver was granted. Since he already holds an H1b visa, he has been working for the same employer while waiting for priority date of his approved national interested waiver. The client finally received his greencard in April 2015. We now work on the greencard application for his wife and his daughter who are citizens of Canada.
Working under the assumption that Adrian is a cash basis taxpayer, one can refer to Treasury Regulation sec. 1451-1(a), which states that under the cash receipts and disbursements method of accounting, such an amount is includible in gross income when actually or constructively received.
I-765: Applications for Employment Authorizations will potentially see a more modest increase, up 8% to $410.
Since the conservation government was completely defeated by liberty party, the disputed program, Temporary Foreign Workers program(TFWP), will continue to implement or not in which liberty government may top agenda. TFWP, the law has been started by conservative government on restrictive visas and do not have the rights to permanent residents from the fall of 2011 to now. Their purpose to the country and employment are trying to not taking jobs and opportunities away from Canadians.
Source of payments: The petitioners claim liquidity and the ability to pay interest or principal on amount owed, but conclusive findings show the insufficiency to pay interest or principal balance. This factor supports the treatment of the advances as equity.
An applicable large employer (ALE) is required to submit two forms known as the C-Forms. These forms are IRS Form 1094-C and IRS Form 1095-C. Large employers are companies with 50 or more full-time employees. A full-time employee (FTE) is a person
The continuous battle between Hamilton’s Federalists and Jefferson’s Democratic-Republicans did not stop after Washington’s warnings in 1796. The debate between the balance of Order and Liberty was a very large topic during the four year period of 1796 to 1800. John Adams, a Federalist, became President in 1796 after defeating Thomas Jefferson in a close poll. Adams was much more openly aligned with the Federalists than Washington was and he wanted to keep Federalist leaders in power as long as he could, even after his administration. To ensure this, Adams passed the Alien and Sedition Acts in 1798. The Alien act changed the number of years a foreigner had to live in America before they could vote from five years to fourteen. This benefited
Cundal and Seaman discuss the many ways in which the Temporary Foreign Worker Program (TFWP) is abused and the effects of this misuse on the workers. Temporary Foreign Workers (TFW) are working jobs that should be classified as long term positions, not short term. This incorrect classification affects a worker’s salary, healthcare plan, pension, vacation pay, and sick days. Cundal and Seaman also address the ways in which TFW are more susceptible to employer abuse than other workers. Temporary Foreign Workers must apply for a Labour Market Opinion (LMO) before switching employers, which can take up to five months; most workers cannot afford to live without a source of income for this length of time. This usually compels workers to keep serious issues private. Many workers are also uninformed about their basic rights, which often leaves them exposed to mistreatment or abuse by employers. Cundal, an immigration lawyer in Calgary and Seaman, a human rights and civil liberties researcher wrote an unbiased and fact based article using a wide variety of sources including articles, reports, and newsletters. Cundal and Seaman provided an extensive reference list in addition to footnotes to support their writing. The authors not only address the human rights issues faced by TFW’s, they also identify ways in which these issues can be resolved. Cundal and Seaman however, fail to provide information on how many TFW are affected by employer abuse and exploitation. This information is
We follow “Immigration Reform and Control Act of 1986” hiring employees. We hire only people who have rights to work in the U.S. legally such as the U.S. citizens, nationals, or aliens authorized to work in the U.S. We must confirm whether employees have rights to be hired in the U.S. We would complete the Employment Eligibility Verification Form (I-9) hiring them and we are required to keep the file at least three years. They also should keep it one year after retiring. Employees are checked their work statu on their passports, social security cards, or birth certificates.
1. To calculate multifactor productivity, we divided our inputs by total outputs. Beforehand, capital costs as well as barrel costs were low. When we calculated the multifactor productivity for 2009, the capital costs nearly doubled and the barrel costs also increased. This resulted in a minimal increase in productivity. Since the productivity percentage has decreased, some of the suggestions for Zychol Chemical Corporations would be to look for suppliers that can offer cheaper cost per barrel. Also re-examining the large increase in capital costs might provide some deeper insight into the drop of productivity.
A common biased opinion on immigration is that immigrants coming to the United States are taking American jobs. According to the Immigration Policy Center, “research indicates there is little connection between immigrant labor and unemployment rates of native-born workers.” The jobs that immigrants are taking are the low-budget jobs that Americans do not want. They not only get less pay, but also less benefits in comparison to American workers. In fact, according to Forbes, “illegal immigrants actually raise wages for documented/native workers.” America is considered to be more productive when we have more trading partners, Undocumented workers with limited English skills allows more American workers
For many years now people have judged one another based on characteristics and family background. Some judge based on skin color, race, where your family has come from, and how you came about. “Legal Alien/ Extranjera Legal” by Pat Mora gives a very realistic message of how it can feel to be a mexican american and to be seen as a ‘legal alien’. To feel not wanted by either side, and to be judged based on the origins of your ancestors and your race. “viewed by Anglos as perhaps exotic,/ perhaps inferior, definitely different,/ viewed by mexicans as alien.” This here, is a perfect example of the way Mora feels about being judged and seen as an alien and her interesting use of diction, metaphors and similes. I think the tone Mora has is one
As an immigrant in a new country, you will have to adjust in a lot of things. There's culture, the people, the weather and even their way of life. Adapting is a hard process especially if you are unaware of the necessary changes you will have to make. However, the transition process can be easier with the help of an immigration lawyer.