USCIS Issues Guidance on Establishing Ability to Pay for Certain Employment-Based Immigrant Visa Petitions

USCIS issued policy guidance to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant visa petition adjudications. This guidance, contained in Volume 6, Part E, Chapter 4 of the Policy Manual, is effective immediately and applies prospectively to petitions filed on or after 1/5/24.

USCIS notes that:

The updated guidance explains that when the beneficiary of a Form I-140, Immigrant Petition for Alien Workers, moves (or “ports”) to a new employer under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) while the Form I-140 is pending, USCIS determines whether the petitioner meets the ability to pay requirements only by reviewing the facts in existence from the priority date until the filing of the Form I-140. USCIS is also making other minor technical revisions to improve clarity and readability, and otherwise streamline existing guidance.

This guidance, contained in Volume 6, Part E, Chapter 4 of the Policy Manual, is effective immediately upon publication and applies prospectively to petitions filed on or after that date. It builds on previous guidance from March 15, 2023, on how USCIS analyzes employers’ ability to pay the proffered wage, and is one of many recent actions to support adjustment of status applicants.