The United States Citizenship and Immigration Services (USCIS) has emphasized the significance of an employer’s financial stability in relation to Green Card applications. In its latest policy guidance, the USCIS states that employers seeking to classify prospective employees under certain employment-based immigrant visa classifications must demonstrate their ability to meet the proffered wage until the beneficiary obtains lawful permanent residence.
Under this regulation, employers are required to provide annual reports, federal tax returns, or audited financial statements from the priority date of the Green Card application. For employers with 100 or more employees, an alternative option is available—the submission of a financial officer statement confirming the petitioner’s ability to fulfill the proffered wage. Additional evidence such as profit and loss statements, bank account records, or personnel records may also be considered.
The USCIS has recently issued an update to this regulation pertaining to cases where the beneficiary transitions to a new employer while the Immigrant Petition for Alien Workers (Form I-140) is still pending under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). In such instances, the assessment of the ability to pay will only consider facts from the priority date until the filing of Form I-140. This revision aims to provide a more focused and accurate evaluation of an employer’s financial capability during the AC21 porting process.
The ability to pay the proffered wage stated on Form I-140 plays a crucial role in determining the credibility of a job offer. Employers must establish their sustained ability to meet the required wage from the priority date until the beneficiary attains permanent resident status.
To demonstrate this ability, petitioners are required to submit copies of annual reports, federal tax returns, or audited financial statements for each year from the priority date. However, exceptions are granted for U.S. employers with a workforce of 100 or more, who may provide a financial officer statement instead.
USCIS accepts various forms of evidence to corroborate the ability to pay, such as bank account statements, personnel records, and credit limits. The petitioner carries the burden of proving their ongoing financial capacity by considering all relevant evidence.
Even nonprofit organizations, despite their tax-exempt status, must submit annual reports, audited financial statements, or financial officer statements to demonstrate their ability to meet the proffered wage.
This policy guidance underscores the USCIS’s commitment to ensuring that employers have the financial means to sustain the proffered wage throughout the Green Card application process. By evaluating an employer’s financial stability, USCIS aims to uphold the integrity of the immigration system and protect the interests of both the beneficiaries and the U.S. workforce.
It is important for Green Card applicants and their employers to understand the significance of financial stability in the application process. By providing the necessary evidence and meeting the USCIS requirements, employers can strengthen their prospects of successfully sponsoring their employees for permanent residency.
While this policy guidance highlights the importance of an employer’s financial status, it is equally important for applicants to navigate the application process with caution. Any decision to change jobs while the Form I-140 is pending should be undertaken with a clear understanding of the potential impact on the application.
As the USCIS continues to refine its policies and regulations, it is imperative for applicants, employers, and immigration professionals to stay informed and ensure compliance with the evolving guidelines surrounding Green Card applications. By doing so, individuals can enhance their chances of securing lawful permanent residence in the United States.
