USCIS Updates Policy on Employer Ability to Pay for Immigrant Petitions

The U.S. Citizenship and Immigration Services (USCIS) has recently released a comprehensive policy guidance document, outlining the criteria for assessing an employer’s ability to pay the proffered wage for immigrant petitions.

This guidance pertains to specific employment-based immigrant visa classifications, covering first, second, and third preferences, and addresses scenarios where sponsored workers change employers.

Key Changes

Clarifies the Ability to Pay Review for Employer Changes

When a sponsored worker switches employers under the American Competitiveness in the Twenty-First Century Act (AC21), USCIS will only assess the initial employer’s financial health from the priority date until the I-140 petition filing.

This provides greater flexibility for workers seeking new opportunities while ensuring the initial employer possesses the required financial resources.

More Nuanced Approach to Ability to Pay Assessment

Building on previous guidance from March 2023, USCIS emphasizes a holistic review of an employer’s financial strength. This includes considering not just traditional documents like annual reports or tax returns, but also bank statements, personnel records, income and assets of other parties involved, credit lines, and business activity significance.

This shift allows for a more accurate assessment of a company’s true financial capability, especially for newer or unconventional business models.

Improved Clarity and Streamlined Procedures

The new guidance simplifies existing rules and language, enhancing clarity for petitioners and adjudicators alike. This streamlining aims to expedite processing times and improve overall efficiency.

Also Read: USCIS Allows F-1 Student Visa Holders to Work In US Startups

Impact on Applicants

This update offers several benefits for applicants:

• Increased Flexibility for Sponsored Workers: The AC21 provision clarification allows greater freedom for workers to pursue new opportunities without jeopardizing their immigration petitions.
• More Accurate Ability to Pay Assessments: The nuanced approach to financial evaluation ensures a fairer and more accurate assessment of an employer’s ability to support the proffered wage.
• Clearer and Streamlined Processes: The simplified language and procedures minimize confusion and expedite petition processing.

Also Read: US Green Card: EB-5 Visa Wait Times Slashed for Indian Applicants

Conclusion

This latest policy guidance from USCIS provides a comprehensive framework for employers navigating the complexities of the immigration process, specifically focusing on their ability to meet financial obligations associated with proffered wages.

Stakeholders are encouraged to review the updated guidance to ensure compliance with the latest criteria, as outlined in Volume 6, Part E, Chapter 4 of the Policy Manual.

In an environment of evolving immigration policies, this release underscores USCIS’s commitment to clarity, transparency, and support for those seeking adjustment of status through employment-based immigrant visa classifications.