The recent policy guidance from the USCIS underscores the significance of an employer’s financial standing in the Green Card application process.
For applicants categorized under 1st, 2nd, and 3rd preference employment-based immigrant visa classifications necessitating a job offer, employers must exhibit their ongoing capacity to pay the specified wage to the beneficiary from the priority date of the immigrant visa petition until the beneficiary attains lawful permanent residence.
Green Card Applications Updates
Compliance with this regulation mandates employers to provide annual reports, federal tax returns, or audited financial statements for each applicable year starting from the priority date of the Green Card application.
In cases where an employer has a workforce exceeding 100 individuals, an alternative option is available then, the submission of a financial officer statement confirming the petitioner’s ability to meet the proffered wage.
USCIS has issued an update to this regulation, particularly relevant in situations where the beneficiary transitions to a new employer, in such instances, officers assessing the ability to pay will solely consider facts existing from the priority date to the filing of Form I-140.
The capability to meet the proffered wage specified on Form I-140 plays a pivotal role in assessing the viability of a job offer. For petitions requiring an employment offer, employers must establish their continuous ability to pay the stipulated wage from the priority date until the beneficiary attains permanent resident status.