Saturday, April 1, 2023

USCIS’ new guidelines on employer’s ability to pay may help startups retain talent – Usky News

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Mumbai: America has recently issued policy guidelines. Citizenship and Immigration Services (USCIS) on the employer’s ability to pay the proposed salary green card job) is a mixed bag. It can help startups retain the right talent by sponsoring individuals for employment-based green cards. In some cases, this may result in more evidence being called for and prolonging the adjudication process.
The general trend has been that sponsor companies are viewed as having a non-standard financial history, such as new entities, companies with complex organizational structures, those heavily funded with venture capital, or those investing heavily in intangible assets. They faced high rejection rate while filling the form. I-140, which is a green card application for prospective or current workers under the EB-1, EB-2, and EB-3 immigrant visa categories.
According to immigration lawyer, Ashwin Sharma, the previous guidance was vague, and limited in the evidence that could be used to establish ability to pay.
“The new policy guidance marks a significant shift toward a more employer-centered approach in USCIS decisions, as a wider range of evidence may be provided to substantiate ability to pay. Thus, in those cases we also expect to see an increase in the likelihood of approval of I-140 applications where the sponsoring employer has a complex or unusual financial situation,” explains Sharma.
New York-based, immigration lawyer, Cyrus D. Mehta told TOI that, “The new ‘Ability to Pay’ (ATP) guidance may help employers who may not have sufficient net income or may not be able to show is that the difference between net current assets exceeds net current liabilities in their tax return. The guidance allows for the analysis of ‘other factors’ to demonstrate an employer’s ability to pay, particularly when companies have Works at loss to improve business condition.
Mehta says, “The new guidance thus enables startups to demonstrate ability to pay by submitting other evidence including bank statements, personnel records, credit lines, gross sales and revenue as well as media accounts about the company and its overall reputation.” might help.”
He cautioned that in some cases, this could result in calls for additional evidence. Mehta says, “For example, when multiple applications are made on Form I-140, the new guidance requires USCIS officials to ask an employer to demonstrate the ability to pay wages on behalf of multiple beneficiaries.” Is.”


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