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CERTAIN PETITIONING EMPLOYERS CAN PAY THE PROFFERED WAGE TO PROSPECTIVE EMPLOYEE BENEFICIARIES


On March 15, 2023, the U.S. Citizenship and Immigration Services (USCIS) issued a policy alert to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petition adjudications.

According to the Policy Guideline, USCIS will review all evidence relevant to the employer’s financial strength and the significance of its business activities. The Guideline explains that an employer must submit one of the three forms, which are detailed in the Guideline, of initial required evidence (annual reports, federal tax returns, or audited financial statements) listed in the regulation but may also include other types of relevant evidence.

Furthermore, USCIS shares how it will analyze evidence and issues relevant to an employer’s ability to pay the proffered wage, such as the petitioner’s current employment of the beneficiary, prorating the proffered wage for the priority date year, multiple beneficiaries, successors-in-interest, and non-profit organizations. The Guideline also includes information about types of business structures to help officers better understand the types of petitioning employers and the evidence they may submit to establish their ability to pay the proffered wage.

This guidance, contained in Volume 6 of the Policy Manual, is effective immediately and applies prospectively to petitions filed on or after March 15, 2023. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. As this implementation progresses, USCIS may also make other minor technical, stylistic, and conforming changes consistent with this update.

See this link for the Policy Manual.

If you have questions about these new guidelines, please schedule a consultation today with one of our immigration attorneys.

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