Home/Green card/Employment-based/USCIS Issues Policy Guidance on “Ability to Pay” Requirement When Adjustment of Status Applicants Change Employers

USCIS Issues Policy Guidance on “Ability to Pay” Requirement When Adjustment of Status Applicants Change Employers

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USCIS
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Informational only, not legal advice. Confirm deadlines on the official notice or with a qualified professional.

USCIS issued new guidance on how employers must demonstrate they can pay the offered wage in employment-based green card cases, particularly when a sponsored worker changes employers during the adjustment of status process. The guidance applies to first, second, and third preference employment-based categories. Employers should review this guidance to ensure compliance before filing or amending petitions.
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USCIS

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U.S. Citizenship and Immigration Services today issued policy guidance on how we analyze an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers.

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May 2026

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