The United States Citizenship and Immigration Services has released a policy guide (pdf, 313.21 KB) on how they analyze an employer’s ability to pay the wages offered for immigrant petitions in certain immigrant visa classifications.
Employers must classify prospective or current employees according to the immigrant visa classifications and based on first, second or third preference employment, as published by USCIS.
They must then demonstrate their ability to continue paying the salary offered to the beneficiary from the priority date of the immigrant application.
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Applicable regulations require the employer to file annual reports, federal tax returns, or audited financial statements for each available year from the priority date.
If the employer has 100 or more employees, USCIS may accept a statement from the finance officer certifying that the employer is able to pay the wages offered.
The updated guidance also describes various types of additional evidence employers may present and explains how USCIS considers any evidence relevant to an employer’s financial standing and the importance of its business activities.
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Many employers meet the means requirement by submitting payrolls showing that they have paid the employee at least the wages offered during the relevant period.
The update also adds an appendix that lists commonly used business forms or structures to help officials and stakeholders better understand the types of requesting entities.
Along with Form I-140, Foreign Worker Petition for Immigrants, or Form I-129, Nonimmigrant Worker Petition.
These corporate forms or structures are also relevant to new businesses that are based on a Form I-526, Immigrant Petition by Independent Investor, or Form I-526E, Immigrant Petition by Regional Center Investor.
The appendix contains information about how the different types of corporations are formed, their basic characteristics, the various tax forms each business organization files with the Internal Revenue Service, and basic tax terms.
This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication and applies prospectively to petitions filed on or after that date.
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