OnJanuary 05, 2024, the USCIS updatedits policy manual to clarify how the UCSIS will determine an employer’s abilityto pay when an employment-based green card applicant ports to a new employerunder the American Competitiveness in the Twenty-First Century Act of 2000(AC21).
TheAC21 allows certain employment-based green card applicants to port, or changeemployers, without filing a new Form I-140 petition. Under certaincircumstances an employment-based green card applicant can change employers whentheir Form I-140 petition and Form I-485 application are concurrently filed andremain pending.
TheUSCIS has explained that when a green-card applicant changes employers whileForm I-140 is pending, USCIS will only consider the facts existing at the timeof filing when making an ability to pay determination. In other words, USCISwill only review initial evidence submitted with the Form I-140 petition (andany responses to Requests for Evidence) to determine if the petitioner hasestablished its ability to pay from the priority date to the date of filing theI-140 petition.