USCIS issues policy guidance on analyzing employers’ ability to pay wages

U.S. Citizenship and Immigration Services has issued updated policy guidance on how it analyzes an employer’s ability to pay proffered wages for certain immigrant beneficiaries.

The guidance:

• States that USCIS reviews all evidence relevant to an employer’s finances and its business activities.
• Explains that an employer must submit one of the three forms of initial required evidence listed in the regulation but can also provide other types of relevant evidence.
• Discusses each form of initial required evidence and several other forms of additional evidence employers might submit to establish their ability to pay the required wage.
• Adds information about types of business structures to help USCIS officers better understand the types of petitioning employers who are filing Form I-140, Immigrant Petition for Alien Workers, and Form I-129, Petition for Nonimmigrant Worker.
• Explains how USCIS analyzes evidence and issues related to an employer’s ability to pay the required wage.

Background: Employers seeking to classify prospective or current employees under the first, second, and third preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition. More information regarding USCIS’ analysis on an employer’s ability to pay required wages is available here. The updated USCIS Policy Manual is available here.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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