USCIS Update

On March 15, 2023, U.S. Citizenship and Immigration Services (USCIS) released new policy guidance on determining an employer’s capability to pay the proffered wage for EB1, EB2, and EB3 employment-based immigrant visa petitions. This guidance is important for employers sponsoring foreign workers in these categories.

What is the” Proffered Wage”?

The proffered wage refers to the salary offered to the beneficiary of an EB1, EB2, or EB3 visa petition. Employers must demonstrate their ongoing ability to pay this wage from the priority date of the immigrant petition.

Evidence Required to Demonstrate Ability to Pay

USCIS’s updated guidance specifies the types of evidence employers can present to prove their ability to pay the proffered wage:

  1. Annual Reports.
  2. Federal Tax Returns.
  3. Audited financial statements for each year available since the priority date.
  4. Financial Officer Letter – For employers with 100 or more workers, a statement from a financial officer attesting to the employer’s ability to pay the proffered wage is acceptable.

Additional Evidence to Support Financial Capacity

Employers may also provide supplementary evidence, including:

  • Bank Account Statements.
  • Personnel Records.
  • Credit Limits, Bank Lines, or Lines of Credit.
  • Documentation of the Beneficiary’s Employment.
  • Net Income and Current Assets.

USCIS Evaluation Process

In assessing an employer’s ability to pay the proffered wage, USCIS will consider all relevant evidence pertaining to the employer’s financial health and the significance of its business operations. This comprehensive approach ensures a fair evaluation of the employer’s financial capacity to meet its obligations under the EB visa categories.


Understanding and complying with these USCIS guidelines is essential for employers sponsoring EB1, EB2, and EB3 visa petitions. Proper documentation and evidence are key to demonstrating the financial ability to meet the proffered wage requirement.

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