USCIS Emphasizes Employer Financial Stability in Green Card Applications

The United States Citizenship and Immigration Services (USCIS) has issued new policy guidance emphasizing the crucial role of an employer's financial status in the Green Card application process. Specifically, this guidance pertains to employment-based immigrant visa classifications requiring a job offer.

According to the USCIS, employers seeking to classify prospective employees under the 1st, 2nd, and 3rd preference employment-based immigrant visas must demonstrate their ongoing ability to pay the offered wage to the beneficiary, starting from the priority date of the immigrant visa petition until the beneficiary obtains lawful permanent residence.

To meet this requirement, employers are mandated to provide annual reports, federal tax returns, or audited financial statements for each year from the priority date of the Green Card application. However, for employers with 100 or more employees, an alternative option is available: submitting a financial officer statement confirming the petitioner's capability to meet the proffered wage.

The USCIS is open to considering additional evidence, including profit and loss statements, bank account records, or personnel records, to assess an employer's financial stability in supporting the Green Card application.

This policy underscores the significance of employer financial viability in ensuring the successful immigration process for skilled workers seeking lawful permanent residence in the United States.