Employment & work visasPOLICY UPDATE
Establishing an Employer’s Ability to Pay the Proffered Wage for Certain Employment-Based Immigrant Visa Petitions
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 visa 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 visa petition adjudications.
- Explains that when the beneficiary of a Form I-140 petition ports to a new employer under AC21 while the Form I-140 is pending, USCIS determines whether the petitioner meets the ability to pay requirements by only reviewing the facts in existence from the priority date to the time of filing.
