USCIS issued guidance on whether an employer can apply for a work visa

In the last hours, The Citizenship and Immigration Services (USCIS) published Important information for those intending to obtain a work visa and work in the United States. According to the official communication, she issued a guide on his policies to determine if an employer can request this procedure for a foreigner. Eligibility depends on ability to pay.

Among the different ways that exist to live in the US, one of the most used is the work visa. With this documentation, immigrants receive the authorization to work in a job and reside legally, temporarily, in the North American country. For this reason, all those who are interested in obtaining it and those who are part of the process, in this case employers, must be attentive to any relevant developments.

Uscis' guide for employers who want to apply for a work visa

The article uploaded to the official website announces the publication of a policy guide on the criteria used by the entity to determine the eligibility of an employer seeking to grant a work visa to a foreigner. Beyond what the document says, this update has one change in particular that stands out above other issues.

Currently, What Uscis looks at to determine if an employer can request this type of visa is the “continued ability to pay the salary offered to the beneficiary.” from the priority date of the immigrant petition” and until the immigrant obtains legal residence. The change that is introduced applies if the foreigner changes jobs during the process.

The text explains that when the beneficiary of a Form I-140, immigrant petition for foreign worker changes employer while the process is pending, Uscis reviews the ability to pay requirement “by reviewing the facts existing from the priority date to the filing of Form I-140”. Details can be consulted in the guide, which came into force from the time of its publication.