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USCIS Clarifies ‘Ability to Pay’ Where Visa Seekers Change Jobs

  • Employers must show continuous ability to pay proffered wage
       
  • Agency will look at facts from priority date to filing of petition 

US Citizenship and Immigration Services is updating guidance for companies that sponsor workers for employment-based visas on the requirements for demonstrating their ability to pay the advertised wage for the position, the agency announced.

To sponsor workers for EB-1, EB-2, or EB-3 visas, employers must show a continuing ability to pay the advertised wage until the worker secures permanent residency with a green card.

The guidance issued Friday pertains to what USCIS will review if employers hire a worker on a temporary, H-1B visa who previously was sponsored for an employment-based green card by another company.

 

ReadMore: Bloomberg Law 

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