USCIS Clarifies How It Analyzes Employers' Ability To Pay Wages

U.S. Citizenship and Immigration Services (USCIS) has updated the USCIS Policy Manual with new guidance on how it analyzes an employer's ability to pay wages for certain immigrant beneficiaries.

Overview

The updated guidance applies to employers who are paying wages for first, second and third-preference employment-based categories. It indicates that USCIS reviews all evidence on an employer's financial situation and its business activities. Additionally, the guidance clarifies that employers must submit one of three forms of required evidence noted in the regulation (Annual Report, Audited Financial Statements or Federal Tax Returns), but they may also provide USCIS with additional evidence demonstrating wage payments and evidence of their financial status.