Chat User : Is there anything new regarding the AC21 regulation? Thank you very much.
Attorney Murthy : Yes, the INS is now taking a more strict approach about the new employer's ability to pay the salary. All along, the INS had been taking the position that a salary above poverty limit would be acceptable. Now they have changed their position in meetings with AILA representatives and have stated that the new employer may have to pay the same wage as set forth in the LC or I-140 petition. This is a radical change of INS position that we have to argue is not mentioned in the AC21 law, so is not enforceable.
Attorney Murthy : Yes, the INS is now taking a more strict approach about the new employer's ability to pay the salary. All along, the INS had been taking the position that a salary above poverty limit would be acceptable. Now they have changed their position in meetings with AILA representatives and have stated that the new employer may have to pay the same wage as set forth in the LC or I-140 petition. This is a radical change of INS position that we have to argue is not mentioned in the AC21 law, so is not enforceable.