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USCIS Issues New ‘Ability to Pay’ Guidance to Clarify Employers’ Financial Obligations in Green Card Sponsorships

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.

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