On January 5, 2024, USCIS issued policy guidance regarding the “ability to pay” requirement for Adjustment of Status applicants changing employers.
The new policy guidance issued by USCIS regarding the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant visa classifications, particularly when workers change employers.
Employers must demonstrate their capacity to pay the wage from the priority date until the beneficiary obtains permanent residence.
USCIS assesses the ability to pay based on facts existing from the priority date until the filing of Form I-140 (Immigrant Petition for Alien Workers) when beneficiaries move to new employers under AC21.
The guidance, effective immediately, is found in the Policy Manual and applies to petitions filed thereafter, aligning with the previous guidance from March 15, 2023, to support the adjustment of status applicants.