USCIS forces employers to pay promised wages to immigrants with work visas

Companies that wish to hire foreign workers must demonstrate to the US Citizenship and Immigration Services (USCIS) office that they can pay promised wages to those people.

The agency today issued policy guidance on its officers discussing the ability of an employer to pay immigrant wages who apply for work visas.

“Employers who wish to classify prospective or current employees under the first, second, and third preference classifications of employment-based immigrant visas that require an offer of employment must demonstrate their continuing ability to pay the salary offered to the beneficiary as of from the priority date of the immigrant petition,” the agency says.

It’s a statement, USCIS explained that the relevant regulations require the employer to file annual reportstax returns, or audited financial statements for each available year from the priority date of the application.

If a company has 100 or more employees, it may instead include a statement from its financial officer attesting to the ability to pay the salaries offered.

Likewise, the employer can present additional evidence such as a earnings statement and losses, bank account records or personal records.

The updated rules, according to the agency, consider in more detail various types of acceptable evidence, and explain how USCIS reviews all evidence relevant to the employer’s financial strength and the significance of its business activities.

The update considers each initial required form of evidence mentioned in the regulation and several other additional forms of evidence that employers may submit as proof of their ability to pay promised wages.

Employers may also submit payroll records showing that, during the relative period, they have been paying the employee at least the salary offered on the petition for foreign worker form (Form I-140).

This form is used to apply for worker visas for extraordinary and outstanding abilities as professors, researchers, or executives of multinational companies (EB-1).

Form I-140 is also used to support employment visa applications for individuals with advanced degrees or exceptional ability (EB-2), and for highly skilled workers and professionals (EB-3).

With information from EFE

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