Form I-864, the affidavit of support, is a standard part of family green cards. In employment cases it is the exception. Under 8 CFR 213a.2(a)(2)(i)(C) (2025 edition), an employment-based immigrant needs one only "if a relative... of the intending immigrant is a citizen or an alien lawfully admitted for permanent residence who either filed the employment-based immigrant petition or has a significant ownership interest in the entity that filed the immigrant visa petition."
As of October 26, 2026, that rule mostly affects family businesses. This guide explains who it covers, who signs, and what the sponsor takes on.
- In employment cases, an I-864 is required only if a citizen or permanent resident relative filed the petition or owns 5 percent or more of the petitioning company.
- Relative means a spouse, parent, child, adult son or daughter, brother or sister.
- A brother or sister triggers the requirement only if they are a US citizen.
- The sponsor must show household income of at least 125 percent of the federal poverty line, or 100 percent for certain active-duty military sponsors.
- A separate affidavit is required for each principal beneficiary, and accompanying family must be included.
- The obligation ends when the immigrant becomes a citizen, is credited with 40 qualifying quarters of work, leaves permanently or dies.
When does an employment case need an I-864?
Only in two situations, both involving a relative who is a US citizen or permanent resident:
| Situation | I-864 required? |
|---|---|
| Unrelated employer files the I-140 | No |
| EB-1A or EB-2 NIW self-petition | No |
| Citizen or LPR relative files the petition personally | Yes |
| Citizen or LPR relative owns 5% or more of the petitioning company | Yes |
| Relative owns less than 5% | No |
| Relative is a brother or sister who is a permanent resident, not a citizen | No |
(8 CFR 213a.2(a)(2)(i)(C); 8 CFR 213a.1)
The sibling rule comes straight from the regulation: an affidavit "is not required, however, if the relative is a brother or sister of the intending immigrant, unless the brother or sister is a citizen" (8 CFR 213a.2(a)(2)(i)(C)).
Who counts as a relative, and what is significant ownership?
Both terms are defined. "Relative means a husband, wife, father, mother, child, adult son, adult daughter, brother, or sister." And "Significant ownership interest means an ownership interest of 5 percent or more in a for-profit entity that filed an immigrant visa petition" for an employment-based immigrant (8 CFR 213a.1, 2025 edition).
Two things follow. Cousins, uncles, aunts and in-laws do not trigger the requirement. And because the definition refers to a for-profit entity, a nonprofit employer does not create an ownership-based requirement.
Who signs it?
The relative. The regulation says the relative "must file" the affidavit "if the relative either filed the immigrant visa petition on behalf of the intending immigrant or owns a significant ownership interest in an entity that filed an immigrant visa petition," and only "if the relative is a citizen or an alien lawfully admitted for permanent residence" (8 CFR 213a.2(b)(2)). If more than one relative's petition exists, the one whose petition "is actually the basis for the intending immigrant's eligibility" signs (same).
A sponsor must be at least 18 and domiciled in the United States. If the sponsor's income falls short, a joint sponsor who accepts "joint and several liability" can be added (8 CFR 213a.1).
How much income does the sponsor need?
"The sponsor must demonstrate the means to maintain the intending immigrant at an annual income of at least 125 percent of the Federal poverty line," or 100 percent for an active-duty member of the Armed Forces sponsoring a spouse or child (8 CFR 213a.2(c)(2)). The sponsor includes a copy or IRS transcript of the most recent federal tax return.
The household includes the immigrant and accompanying family. "A separate affidavit of support is required for each principal beneficiary," and "each immigrant who will accompany the principal intending immigrant must be included on the affidavit" (8 CFR 213a.2(a)(1)). Our guide to derivative family members in employment cases explains who accompanies.
Can you be exempt even when a relative is involved?
Yes, in some cases. The requirement does not apply if the intending immigrant "has already worked, or under section 213A(a)(3)(B) of the Act, can already be credited with, 40 qualifying quarters of coverage" under Social Security, counting the immigrant's own record or "those of his or her spouse or parent(s)" (8 CFR 213a.2(a)(2)(ii)(C)). Someone with a long US work history, roughly ten years of covered employment, may already meet that; a Social Security earnings record shows the count.
An immigrant who claims an exemption does not simply skip the form. The regulation requires "an exemption request on the form designated by USCIS for this purpose" with the immigrant visa or adjustment application (8 CFR 213a.2(a)(1)(i)(B)).
Is the I-864 the same as the employer's ability to pay?
No, and family businesses often need both. The I-864 is a personal promise by the relative to support the immigrant. Ability to pay is a separate obligation of the company: an employment petition that needs a job offer "must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage," and the employer must show this "at the time the priority date is established and continuing until the beneficiary obtains lawful permanent residence" (8 CFR 204.5(g)(2), 2025 edition). A small family company has to clear both tests, with different evidence: the company's tax returns or financial statements for ability to pay, and the relative's personal tax return for the affidavit.
Where is the I-864 filed?
With whichever agency decides the green card. An affidavit is executed when the sponsor signs and submits it "in accordance with the form instructions to USCIS or the Department of State, as appropriate" (8 CFR 213a.2(a)(1)(ii)). For adjustment inside the United States it goes with the I-485 package; for consular processing it goes through the National Visa Center. Our guide to consular processing step by step covers the second route.
How long does the obligation last?
Until a terminating event. The support obligation ends "by operation of law when the sponsored immigrant" becomes a US citizen, "has worked, or can be credited with, 40 qualifying quarters of coverage" under Social Security, stops being a permanent resident and departs, or dies; it also ends if the sponsor dies (8 CFR 213a.2(e)(2)). Until then, the sponsor can be asked to reimburse certain means-tested public benefits the immigrant receives.
What if no I-864 is required?
Then public charge is assessed under the general rules. USCIS issued revised public charge guidance in 2026 following a new final rule; our guide to the public charge guidance covers what officers now consider. For employment cases, the job offer and the applicant's own income and skills are part of that picture. Our guide to the I-485 adjustment application covers the rest of the filing.
What this means for you
- If an unrelated employer filed your I-140 or you self-petitioned, you do not need an I-864.
- In a family business, check every owner who is a spouse, parent, child or sibling, and their percentage.
- If the rule applies, confirm the sponsor meets 125 percent of the poverty line for the full household.
- Line up a joint sponsor early if the sponsor's income is tight.
- Make sure the sponsor understands the obligation lasts until citizenship or 40 quarters of work.
Where to start
If you want a green card route that does not depend on an employer at all, our free evaluation at /evaluate/ maps your record against the EB-1A and EB-2 NIW standards, and Frank, our AI assistant at /frank, finds real opportunities to strengthen it. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 26, 2026.
- 8 CFR 213a.1 (govinfo, 2025 edition). Definitions of relative, significant ownership interest, joint sponsor.
- 8 CFR 213a.2 (govinfo, 2025 edition). When an affidavit is required in employment cases; who signs; 125 percent; household; termination.
- 8 CFR 204.5(g)(2) (govinfo, 2025 edition). Employer's ability to pay.
- USCIS, Form I-864. Form page and filing information.
Frequently asked questions
Do I need an I-864 for an employment-based green card?
Usually not. The regulation requires an affidavit of support in an employment-based case only if a relative who is a US citizen or permanent resident filed the immigrant petition, or has a significant ownership interest, 5 percent or more, in the for-profit company that filed it. If an unrelated employer files your I-140, or you self-petition for EB-1A or EB-2 NIW, the I-864 requirement does not apply.
My cousin owns part of the company sponsoring me. Do I need an I-864?
Not because of the cousin. The regulation defines relative as a husband, wife, father, mother, child, adult son, adult daughter, brother or sister. A cousin, uncle or in-law is not on that list. If a listed relative who is a citizen or permanent resident owns 5 percent or more of the petitioning company, the requirement would apply.
Who signs the I-864 in a family business case?
The relative who filed the petition, or the relative who holds the significant ownership interest. If you are the beneficiary of more than one relative's employment-based petition, the relative who filed the petition that actually forms the basis of your green card application must sign. If their income is not enough, a joint sponsor can be added.
How much income does the I-864 sponsor need?
At least 125 percent of the federal poverty line for the sponsor's household size, under the poverty guidelines in effect when the immigrant files the visa or adjustment application. Active-duty military sponsoring a spouse or child need 100 percent. The sponsor submits the most recent federal tax return, or an IRS transcript, with the form.
How long does the I-864 obligation last?
Until the sponsored immigrant becomes a US citizen, has worked or can be credited with 40 qualifying quarters of coverage under Social Security, stops being a permanent resident and departs, or dies. It also ends if the sponsor dies. Divorce is not on the list of terminating events in the regulation.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
