ICE, May 11, 2023
President Biden announced the termination of the Coronavirus Disease (COVID-19) Public Health Emergency, effective on May 11, 2023, following the termination...
State Department, June 2, 2023
"On June 17, 2023, the nonimmigrant visa (NIV) application processing fee for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based...
EOIR, June 5, 2023
" EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR)
OFFICE OF POLICY
5107 LEESBURG PIKE
FALLS CHURCH , VA 22041
Cyrus D. Mehta, Kaitlyn Box, June 5, 2023
"The new ETA 9089 form has gone into effect and DOL stopped using the old version of the form on the evening of May 31, 2023. The new form does not have...
Cyrus Mehta, May 29, 2023
"I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf...
USCIS, Mar. 15, 2023
"U.S. Citizenship and Immigration Services today issued policy guidance (PDF, 313.21 KB) 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.
Employers seeking to classify prospective or current employees under the first, second, and third preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition.
The relevant regulation requires the employer to submit annual reports, federal tax returns, or audited financial statements for each available year from the priority date. If the employer has 100 or more workers, USCIS may instead accept a financial officer statement attesting to the employer’s ability to pay the proffered wage. The updated guidance also details various types of additional evidence employers may submit and explains how USCIS considers any evidence relevant to the employer’s financial strength and the significance of its business activities. Many employers satisfy the ability to pay requirement by submitting payroll records demonstrating that, during the relevant time period, they have been paying the employee at least the proffered wage.
The update also adds an appendix containing an overview of common business forms or structures to help officers and stakeholders better understand the types of petitioning entities filing Form I-140, Immigrant Petition for Alien Workers, or Form I-129, Petition for Nonimmigrant Worker. These business forms or structures are also relevant to the new commercial enterprises underlying a Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor. Specifically, the appendix includes information on how different types of businesses are formed, their fundamental characteristics, the various tax forms that each business organization files with the Internal Revenue Service, and basic tax terms.
This guidance, contained in Volume 6 of the Policy Manual, is effective immediately upon publication and applies prospectively to petitions filed on or after that date."