The new employer must have the ability to pay the wage offered!
Posted by Jeff Xie on October 03, 2002 at 21:46:32
In connection with an employment based I-485 application pending for more than six months, where the I-485 applicant is no longer working for the sponsoring employer, at least one Service Center indicates they have discretion to determine whether the new employer has the ability to pay the wage offered on the original ETA 750. We submit that an inquiry as to the new employer’s ability to pay the salary offered in the Labor Certification filed by the I-140 petitioner is beyond the scope of the statute and any AC 21 guidance issued by INS. The inquiry should be limited to whether the position is the same or similar occupation to that in the approved I-140 petition. Please advise. ISD was advised by the Office of Programs that the wage on the Labor Certification must be paid by the new employer. Therefore, Programs says the new employer’s ability to pay the wage is relevant. "Posted on AILA InfoNet at Doc. No. 02100371 (Oct. 3, 2002) ."
[ Go Back ]
| 
