USCIS UPDATES GUIDANCE ON EMPLOYERS’ ABILITY TO PAY REQUIREMENTS FOR GREEN CARD CASES

To obtain an I-140 approval, the sponsoring employer must be able to demonstrate that the employer has the ability to pay the required wage to the sponsored employee. 

The USCIS updated its policy manual, regarding ability to pay, on March 15, 2023. In order to establish the ability to pay for a green card case, the employer/sponsor must include one of the following:

(1) employer’s annual report,

(2) employer’s federal tax returns, or

(3) employer’s audited financial statement, with the I-140 filing.

However, if the employer has more than 100 workers, a financial officer statement can be included in lieu of one of these three documents.  The USCIS may accept the financial officer’s statement. 

If a financial officer statement is included, the statement should detail the employer’s finances and ability to pay based on having 100+ employees. Examples of financial officer statements USCIS will NOT accept can be found in the policy manual as well.

In addition to the required ability to pay evidence, USCIS will consider all evidence relevant to the employer’s financial strength that is submitted with the I-140 petition. USCIS may even request additional evidence of ability to pay from an employer. Examples of additional evidence are: employer’s bank account statements, personnel records, income and assets of others, credit limits, bank lines and lines of credit.