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Attorney Jian Joe Zhou comments:EB-2 PERM based I-140 approval after RFE. The employer is a start up research company with seed funding but without any revenue.  The federal tax return showed negative income and no net current assets.  However, the beneficiary has been paid the PERM salary since the PERM was filed.  USCIS issued RFE on the ability to pay issue.  Attorney responded with the argument the employer’s ability has been met by the salary paid to the beneficiary and the employer has sustainable funding for the future operation, though no foreseeable revenue. USCIS approved the case within one week of RFE response (Premium processing case).