USCIS Clarifies ‘Ability to Pay’ Where Visa Seekers Change Jobs

Jan. 5, 2024, 6:33 PM UTC

US Citizenship and Immigration Services is updating guidance for companies that sponsor workers for employment-based visas on the requirements for demonstrating their ability to pay the advertised wage for the position, the agency announced.

To sponsor workers for EB-1, EB-2, or EB-3 visas, employers must show a continuing ability to pay the advertised wage until the worker secures permanent residency with a green card.

The guidance issued Friday pertains to what USCIS will review if employers hire a worker on a temporary, H-1B visa who previously was sponsored for an employment-based green card by another company.

Certain H-1B workers who ...

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