U.S. Citizenship and Immigration Services (USCIS has issued new guidance to define the extent of an employer’s financial obligation in employment-based green card applications where the sponsored employee has changed employers while the I-140 Immigrant Petition is still pending adjudication.
The USCIS guidance establishes a bright-line cutoff for the prior employer’s obligation to demonstrate a financial ability to pay the offered wage, which now stops on the date USCIS accepts the I-140 petition for filing.