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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:
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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