General policyPOLICY UPDATE
Certain Petitioning Employers’ Ability to Pay the Proffered Wage to Prospective Employee Beneficiaries
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.
Effective date and application
This guidance, contained in Volume 6 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.
- Provides that USCIS reviews all evidence relevant to the employer’s financial strength and the significance of its business activities.
- Explains that an employer must submit one of the three forms of initial required evidence listed in the regulation but may also include other types of relevant evidence.
- Discusses each form of initial required evidence listed in the regulation and several other forms of additional evidence employers might submit to establish their ability to pay the proffered wage.
- Explains how USCIS analyzes evidence and issues relevant to an employer’s ability to pay the proffered wage, such as the petitioner’s current employment of the beneficiary, prorating the proffered wage for the priority date year, multiple beneficiaries, successors-in-interest, and non-profit organizations.
- Adds information about types of business structures to help officers better understand the types of petitioning employers and the evidence they may submit to establish their ability to pay the proffered wage.
