Generally, employers seeking to classify prospective or current employees under the first-, second-, and third-preference employment-based immigrant visa classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the beneficiary as of the priority date of the immigrant petition until the beneficiary obtains lawful permanent residence. USCIS is updating its guidance to explain that, where the beneficiary has ported to a new employer

under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the Immigrant Petition for Alien Workers (Form I-140) is pending, officers determine ability to pay by only reviewing the facts in existence from the priority date until the filing of the Form I-140.