"AC21" ability to pay issues

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The CIS made it clear in their December 27, 2005 policy memo that field adjudicators should not request proof of ability to pay from the new employer when an adjustment of status applicant ports to a new job. The single exception is where the adjudicator needs to determine whether the new employer is a legitimate company.

Question 7. Should service centers or district offices request proof of “ability to pay” from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?

Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien’s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.