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USCIS Policy Update: Assessing Employers’ Financial Capacity in Employee-Based Immigration Visa Petitions

The USCIS, earlier this month, released an updated policy guidance regarding employer’s ability to pay in employment-based immigrant petitions under first, second, and third preference categories. The new policy comes into effect immediately.

• The new guidance addresses how the USCIS will assess ability to pay when a beneficiary changes employers under AC-21.
• The USCIS aims to simplify existing guidance and provide clarity for employers and adjustment of status applicants.
• Employers must demonstrate their ability to pay the offered wage from the priority date of the I-140 petition until the beneficiary obtains a Green Card.
• AC-21 allows I-485 applicants to change jobs without filing a new I-140 petition by submitting Form I-485 Supplement J. When an employee switches employers under AC-21 while the I-140 petition is pending, the USCIS will assess the ability to pay based on evidence at the time of filing.

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The rules of the Bar Council of India do not permit advertisement or solicitation by Advocates in any form or manner.

This website www.lawquestinternational.com and the contents thereof are merely for informational purposes and not in the nature of solicitation or an advertisement. Similarly, any content posted by LawQuest on this website shall not be construed as legal advice. LawQuest takes no liability for consequences of any action taken by you relying on the content posted on this website.

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