On March 15, 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance on how they determine an employer’s ability to pay the proffered wage for EB1, EB2, and EB3 employment-based immigrant visa petitions. Read the full guidance here.
What is the proffered wage?
The “proferred wage” is the wage that was offered to the beneficiary. Employers sponsoring foreign workers under EB1, EB2, and EB3 employment-based classifications require the employer to demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition.
How does an employer show ability to pay the proffered wage?
USCIS has updated its guidance for employers on what evidence can be used to show the ability to pay the proferred wage. To meet this requirement employers can provide:
- Annual Reports.
- Federal Tax Returns
- Audited financial statements for each available year from the priority date.
- Financial Officer Letter – If the employer has 100 or more workers, it may instead include a financial officer statement attesting to the petitioner’s ability to pay the proffered wage.
- Other Evidence of the Ability to Pay May Include:
- Bank Account Statements
- Personnel Records
- Credit Limits, Bank Lines, or Lines of Credit
- Employment of the Beneficiary
- Net Income and Current Assets
How will USCIS analyze the employer’s ability to pay the proffered wage?
USCIS considers all evidence relevant to the employer’s financial strength and the significance of its business activities to determine its ability to pay the proferred wage.
As an Employer, how do we show our ability to pay the required wage for an I-140 Petition?
Read the full USCIS Policy Alert Here
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