Legal Question in Immigration Law in Florida

First of all, your petitioner is the one who should be worrying about this, not you, eh? If you are saying that he only showed a net profit of $7000, if it is not enough to add another salary, it won't make it. However, he should respond to the RFE with whatever information he has, including a good explanation for the low net proceeds. A few things you have not mentioned: what kind of work is it that you have been offered, and what is the prevailing wage for the position. Next, how long has the business been in operation -- sounds like this type of company, hotel management, has probably been around for quite awhile. I don't understand the very low $7000. So, as I said -- respond to the RFE. Should the I-140 be denied, it is highly likely that you will get a second chance before the Immigration Judge. Good luck!

It is true that the initial inquiry will be what is your offered salary. If the tax returns do not look good, there may a reason why, and there may be other formulas (based on Immigration Law) which may provide more of a favorable outlook. That is, net income is not the only factor.

It is very important that you or your employer seek a competent immigration attorney. You do not want to wait for a denial. The RFE will be your best chance. If the I-140 is denied (as well as any underlying I-485 application) -- and you do not have non-immigrant status (e.g. H-1B or L-1, etc.) -- then you could be issued a Notice To Appear ("NTA") before an Immigration Judge ("IJ"). Your first option would be to file an appeal with the USCIS Service Center -- so an NTA may not happen and you may not be called before an IJ. So, please be aware that depending on what your situation is, you may not be called before an IJ upon denial of your petition (as the above attorney noted).