USCIS Policy Update on "Ability to Pay" Requirement for Adjustment of Status

In a recent development, on January 5, 2024, USCIS issued vital policy guidance concerning the "ability to pay" requirement in certain employment-based immigrant visa cases, particularly when employees switch employers during the adjustment of status process. This requirement mandates that employers demonstrate their continued capacity to pay the offered wage until the employee obtains permanent residency.

The guidance outlines that USCIS will evaluate the petitioner's ability to pay based on circumstances existing from the priority date of the immigrant petition to the filing of Form I-140. This policy is effective immediately and applies to petitions submitted on or after the publication date.

For tailored advice and support regarding adjustment of status applications and related immigration concerns, individuals are encouraged to consult an immigration attorney through Lawmaks. Our platform connects you with seasoned legal professionals in the immigration field, ensuring you receive expert guidance for your specific situation.