USCIS Update!
The U.S. Citizenship and Immigration Services has issued updated policy guidance on assessing an employer’s ability to pay the proffered wage for certain employment-based immigrant visa classifications. Employers, when classifying employees under specific visa categories, must demonstrate their ability to pay the wage until the employee obtains lawful permanent residence. The guidance addresses situations where a sponsored worker changes employers under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and emphasizes that USCIS considers the ability to pay requirements based on facts from the priority date until the filing of Form I-140. The effective date is immediate, applying to petitions filed on or after the publication date, building upon previous guidance from March 15, 2023.
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Last Updated: 01/18/2024
