On January 5, 2024, the U.S. Citizenship and Immigration Providers (USCIS) launched up to date coverage steering describing how the company analyzes an employer’s capability to pay the supplied wage to potential staff with employment-based immigrant petitions requiring a job supply, filed with USCIS beneath the primary, second, and third desire classes, also called EB-1, EB-2, and EB-3.

Particularly, the coverage steering clarifies how an employer’s capability to pay will likely be demonstrated the place a beneficiary of a pending Kind I-140 Immigrant Petition for Alien Employee, decides to vary to a brand new employer beneath the American Competitiveness within the Twenty-First Century Act of 2000 (AC-21).

As a normal matter, employers should be capable to show their persevering with capability to pay the supplied wage to staff with petitions filed beneath the employment first, second, and third desire classes (EB-1, EB-2, EB-3) ranging from the precedence date of the underlying I-140 petition, till the beneficiary receives lawful everlasting resident standing (a inexperienced card).

Underneath the up to date steering, when an worker strikes to a brand new employer beneath AC-21 whereas the underlying I-140 petition continues to be pending, USCIS will decide whether or not the petitioner meets its capability to pay requirement by solely reviewing the details in existence on the time of submitting. Which means, USCIS will solely contemplate preliminary proof submitted with the petition (and any responses to Requests for Proof) to find out if the petitioner has established its capability to pay from the precedence date to the date of submitting the I-140 petition.

This replace contained in Quantity 6, Half E, Chapter 4 of the Coverage Handbook is efficient instantly and builds on earlier steering issued on March 15, 2023, as a part of the company’s efforts to offer readability to U.S. employers and worker beneficiaries of adjustment of standing purposes.

For additional details about altering employers beneath AC-21, or some other questions, please contact us for a session.

Contact Us. If you want to schedule a session with us, please textual content 619-569-1768 or name 619-819-9204.

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