Immigration
USCIS Issues Guidance on Analyzing Employers’ Ability to Pay Wages

U.S. Citizenship and Immigration Services today issued policy guidance on how we analyze an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications.
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.
The relevant regulation requires the employer to submit annual reports, federal tax returns, or audited financial statements for each available year from the priority date. If the employer has 100 or more workers, USCIS may instead accept a financial officer statement attesting to the employer’s ability to pay the proffered wage. The updated guidance also details various types of additional evidence employers may submit and explains how USCIS considers any evidence relevant to the employer’s financial strength and the significance of its business activities. Many employers satisfy the ability to pay requirement by submitting payroll records demonstrating that, during the relevant time period, they have been paying the employee at least the proffered wage.
The update also adds an appendix containing an overview of common business forms or structures to help officers and stakeholders better understand the types of petitioning entities filing Form I-140, Immigrant Petition for Alien Workers, or Form I-129, Petition for Nonimmigrant Worker. These business forms or structures are also relevant to the new commercial enterprises underlying a Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor. Specifically, the appendix includes information on how different types of businesses are formed, their fundamental characteristics, the various tax forms that each business organization files with the Internal Revenue Service, and basic tax terms.
This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication and applies prospectively to petitions filed on or after that date.

2 hours ago
US Chief Negotiator arriving in New Delhi to resume trade talks, govt set to finalise Export Promotion Mission

2 hours ago
Trump threatens to call national emergency in Washington DC, slams Mayor Bowser

4 hours ago
“Sunny Sanskari Ki Tulsi Kumari” Trailer released - A rollercoaster of laughter & love

4 hours ago
Twinkle Khanna on ‘Two Much with Kajol and Twinkle’: Whoever said yes we got them on our show

4 hours ago
Riddhima Kapoor turns 45, mother Neetu Kapoor shares endearing post

4 hours ago
Neeti Mohan says vocal range offered by ‘Jhamkudi Re Jhamkudi’ sealed the deal for her

4 hours ago
Isha Koppikar croons ‘Chal Kahin Door Nikal Jayen’ as she enjoys Mumbai rains

4 hours ago
77th Primetime Emmys: ‘The Pitt’ scores Outstanding Drama Series

5 hours ago
77th Primetime Emmys: Owen Cooper becomes youngest actor to win Outstanding Supporting Actor

5 hours ago
77th Primetime Emmys: ‘Adolescence’ clinches Outstanding Limited or Anthology Series

5 hours ago
77th Primetime Emmys: Noah Wyle wins Outstanding Lead Actor in a Drama Series

5 hours ago
77th Primetime Emmys: Philip Barantini won the award for Outstanding Directing for ‘Adolescence’

5 hours ago
77th Primetime Emmys: Seth Rogen wins 2nd award for 'The Studio'