Q: Is it good to enter a negative amount for Net Annual Income for Part 5, 16 in I-129? Or is a recent average amount okay?
I'm having my employer file O-1B petition (I-129). All the supporting documents have pretty much been prepared, and we're at the final stage of filling out the I-129 form to get the advisory opinion letter from American Federation of Musicians and finally sending the petition to USCIS. The form I-129 has a section to enter the employer's company information (Part 5, 14-16) such as the Gross Annual Income and Net Annual Income. The most recent Net Annual Income from the year 2015 for the petitioning company was actually in the red, and we're wondering entering this figure might make the petition look bad.
A: I usually answer this question by putting in "Not applicable" and I have never had any problem with that. However, sponsor's negative net income should normally not be a problem in an O-1 case. In certain other types of cases, not related to this one, such as with an I-140 petition, it might be a big problem.
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