Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. Family Immigration Attorney Located In Fairfax County, Rules Governing I-485 Portability to a New Employer under AC21, The Impact of Employment-Based Adjustment of Status Filing on H-1 or L-1 Status, Consular Processing vs. What is Temporary Protected Status (TPS)? If your new job offers a position with a similar title and with the same employer, your green card will continue to be valid but you will need to file an I-140 amendment. It was a future job offer. Yes, you may change employers after your NIW has been approved. A new job must also be in the same occupational classification as the job petitioned for. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. What is important is that you continue to satisfy the. Q. If the file contains documentation about the new job, the case should just continue being processed. USCIS will issue a Notice of Intent to Deny the I-485 application if a sponsoring employer requests for the revocation of an approved I-140 petition after: Therefore, it is best to be proactive and notify USCIS. 500, Falls Church, VA 22041, Deferred Action for Childhood Arrivals (for DREAMers), Effect of a Grant of Asylum or Withholding of Removal, I-601A, Application for Provisional Unlawful Presence Waiver, Minor Children Applying for Asylum by Themselves, Obtaining an Employment Authorization Document After an Asylum Application, Procedure for Filing for Asylum or Withholding of Removal, The Two Paths to Obtaining Asylum in the United States. You must have the same or similar occupation to be eligible for portability. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) The DOL categories are generally fairly broad. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Q. If you are in the process of obtaining an NIW for your EB-2 green card, then changing your job may require that you file a new I-140 as well as a new application for your NIW. No, it is not mandatory to have a Ph.D. To get in touch with one of VisaNation Law Groups lawyers, you can. Q. I never worked for my green card sponsoring employer. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. people with advanced degrees or exceptional ability in their field) to bypass the PERM Labor Certification requirement and self-petition for a green card without an employer. Withdrawal/Revocation of I-140 If an I-140 is withdrawn or revoked before 180 days, then the I-140 petition is no longer valid and cannot be ported to a new employer, even after 180 days under the AC-21 rule. No. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. Since there is no particular job or talent that definitively determines national importance, it is then left to every petitioner to prove their eligibility based on what they possess. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. Keep in mind that the employer can withdraw the I-140 at any time. It is important to note that the duties generally govern, and not specific technologies, in most cases. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. Consult with your green card attorney to ensure the change will not affect your application. FAQ in detail. Secure .gov websites use HTTPS However, by following the steps of green card portability, you will not have to start the process from scratch. AC21 and Its Effect On Job Change After i140 Approval There are provisions in the law that help make changing your job easier after your initial green card approval. It is extremely difficult to replace an approval notice. If the H-1B transfer petition seeks to extend the employees H-1B status beyond the six-year limit, the I-140 approval must not be withdrawn, or if it has been withdrawn, the withdrawal must have occurred more than 180 days after the I-140 was approved. need to demonstrate that their work in the U.S. will be in the national interest. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. The length of the extension will depend on the status of the I-140 petition. In our experience, yes. For this, the I-140 must remain valid until the H1B petition approval. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. Home > Blog > Employment Based Immigration. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. Remember that an I-140 approval does not automatically guarantee your green card. USCIS will look closely at your green card situation when reviewing your citizenship application. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Your Form I-485 Application to Register Permanent Residence or Adjust Status must have been pending for at least 180 days, and your Form I-140, Immigrant Petition for Alien Workers must have been approved or filed together with the I-485. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. Do I need to have a Ph.D. to qualify for NIW? You may also file Form I-131 together with your I-485 to get advance parole, which serves as your valid travel document while the I-485 is pending. An added benefit of waiting 180 days after I-140 approval is the ability of an H-4 spouse to continue to obtain H-4 EADs on the basis of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days. Moving from one employer to another in the best of circumstances can be stressful. The only issue is that it will require going through the H-1B process, and there may be a delay. This will not disrupt your immigration process. This extended duration of the I-485 pending period increases the chances that individuals may want or need to undergo more than one job change. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. Assuming you and your employer both intended to honor the conditions/terms on the I-140 when filing your I-485, you should be fine. So, getting an EAD through I-485 likely remains your best option. This means extending your stay in the U.S. by utilizing your time outside the U.S. during the six years. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. The new employer could file an H1B extension for an eligible individual, and the H1-B could be used to work on the new job. Review our. USCIS officers are instructed to consider additional factors, such as: If you are going from one job as a veterinarian to another job as a veterinarian, you will likely not have to worry about whether the occupational classification will remain the same. If your new job is within the same or similar occupational classification as your old one, you may be able to transfer your green card to it. The second option is to submit your I-485 within the U.S., which does not require you to travel abroad to complete the LPR process. The team is friendly, professional, and wants to help. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. The most important thing is to present your evidence to USCIS in a convincing way. In addition, the employer must run another recruiting period. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. For example, if the withdrawal request came within 180 days of the I-140 petition approval, USCIS will allow the employer to revoke the I-140 petition even after approval. An approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. together with your I-485. What are the risks? Q. Seesection 204(j) of the Immigration and Nationality Act (INA), which was enacted from section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), for more information. The Herman Legal Group has over 25 years of experience working with the U.S. Even if the petitioner withdrew the I-140, you could still use it for an EAD as long as USCIS has not revoked it for misrepresentation or fraud. Not everyone who applies for an EB-2 green card is eligible for an NIW. If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve your Form I-140 before we may approve your portability request. Will that work? In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Worker, Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), section 204(j) of the Immigration and Nationality Act (INA), Standard Occupational Classification (SOC), Occupational Employment Statistics Database, ETA Form 9089, Application for Permanent Employment Certification (PDF). Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. Know the rules about green card portability before you change jobs. Moreover, a job change may affect your N-400. A green card is not guaranteed if you change jobs while your I-140 is pending. How do I prove I am able to develop my enterprise or endeavor? However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. The original I-140 would have identified an SOC code for your first job offer, and USCIS officers will compare that SOC code to the SOC code for your new job offer. If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. The only implication is that there is a non-refundable fee attached to each petition you file. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. This is more common and advantageous for applicants pursuing the EB-3 green card, as they can leverage the provision to upgrade to an EB-2 green card. What happens after my I-140 is approved? If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . Typically, sponsoring employer must give you a job offer thats in the same or similar occupational classification as the one you have in the US. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. This does not prevent the case from being approved, however. Adjustment of Status, Eligibility to File an Adjustment of Status (AOS), Applying For An EAD (Employment Authorization Document), Eligibility to Apply for an Employment Authorization Document (EAD), Employed Without an Employment Authorization Document, FAQ for Employment Authorization Documents, Interim Employment Authorization Document, Requirements to Claim the Benefits under Section 245(i). However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioners request for the withdrawal of the petition. Occupational Classification is determined by the Department of Labor. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. An I-140 typically can be used only to apply for lawful permanent residency (i.e. Yes, you can change jobs after your I-140 is approved, but only after when you secure a new employer who will first file a new H-1B petition on your behalf, obtain a new period of 3 years (due to the fact that you'll have an approved I-140 from your first employer then) and then restart the whole "green card" PERM process anew with the filing of its own PERM and I-140. A job change, however, may not always disrupt the I-140 process. Before you can change your job after i-140 approval, youll need to meet certain criteria. Does the new job have to be in the same geographic location? Can I still use portability? AC21 is a law that does not have regulations implementing its provisions. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The only implication is that there is a non-refundable fee attached to each petition you file. The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation and his application for As discussed above, if the petitioning employer withdraws the I-140 within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law. This is a huge benefit to both you and the job market, as valuable workers have more mobility. Because no I-485 application has been filed, there is no requirement that the new employers job offer be similar to the job that the employee was previously sponsored for. 2023 Murthy Law Firm. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. a "green card") with the petitioning employer. Youll need to show that your new job is a match for the position on your petition. Looking for U.S. government information and services? In reviewing two positions within the same broad occupational classification, USCIS will consider factors such as the similarity of the duties, experience, or areas of study associated with each position. Next, you will need to plan the last step of the "green card process" (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140. 2023 VisaNation, Inc. All Rights Reserved. As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. In other words, an employee who is currently being sponsored by one employer can look for a different employer without having to abandon their current application for a green card. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case. USCIS officers may compare factors including, but not limited to: USCIS officers will consider the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes and make our determination based upon a preponderance of the evidence. Learn How to Change Jobs After NIW Approval. As noted above, once the I-140 is approved, the USCIS will grant a request for priority date retention for any other I-140 petition filed on behalf of the same beneficiary. The DOLs online occupational classification system helps the adjudicating officer make the determination. You need to work for five years in a medically underserved area in the U.S. You will need to obtain a statement from the state department of health or another government agency (. ) Be sure to indicate on the petition that you want to retain your priority date. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. Job change after I-140 approval. Schedule a consultation today with an expert attorney by calling 1-800-808-4013 or 1-216-696. Answer 2. Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. First, you must notify the USCIS if you have changed your employer. The I-140 indicates an offer of a future permanent job. This expectation has been reiterated in later guidance memoranda. In many situations, therefore, this does not present a significant problem. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. However, to avoid a show of bad faith, you will need to convince the adjudicating officer that your initial intent was to stay with the petitioning employer long-term. The I-140 must remain intact until the I-485 reaches the 180-day point. Depending on the circumstances, the USCIS may favor the new job over the former one. Leverage their experience for your case. It is important to note that physicians must work in their field in an underserved area for the first five years of their stay under EB-2 status in order to qualify for an NIW. As long as you follow certain rules, you can switch jobs while your I-140 is pending. I-140, Immigrant Petition for Alien Workers. Your personal information is protected by our Privacy Policy. Included in our work on the case is a notification of the use of AC21, along with proof that the case qualifies under the AC21 requirements. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Discuss whether your occupation fits the criteria with your immigration attorney. AC21 speaks in terms of the I-485 pending for 180-days or more. Can My Spouse Apply for H-4 EAD With the Approved I-140? If your petition to port the green card application from one job offer to another is successful, you can successfully change jobs without worrying about losing your place in line for a green card. It is typically between 3 to 9 months. The longer you can stay with your petitioning/sponsoring employer, the better your case is. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. No occupation will be assigned to more than one category with six digits. #2 I-140 Approved You may also file. ALERT: USCIS has expanded premium processing services to include certain previously filed and newly filed Form I-140 petitions requesting E13 classification for multinational executives and managers and E21 national interest waiver (NIW) classification. Both intended to honor the conditions/terms on the status of the above scenarios, has to be filed when is... ( WFH ) with the approved I-140 increases the chances that individuals may want or need to more! 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