There are some rules regarding the green card portability and I-140 petition. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Dont go it alone, be sure to hire an expert to help you with your case. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. Virtually identical jobs may substantially vary in terms of pay. The portability of your green card may not always be possible. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . But without a PERM or I-140, you will have to leave the United States at the end of the six-year validity period. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. For example, the SOC code for a stonemason is 47-2022. Schedule a consultation today with an expert attorney by calling 1-800-808-4013 or 1-216-696. and schedule your comprehensive consultation today. Not if it is pending. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence, Changing Employers on H-1B After I-140 Approval. If the USCIS receives the employers withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. You must keep your I-140 and other approval notices in a safe place. The priority date is the date the PERM labor certification is filed, or for schedule A workers, the date the I-140 petition is filed. 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. However, the job description for a boilermaker is significantly different from that of stonemason: Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. What are the Pros and Cons of E-Verify Registration? Learn How to Change Jobs After NIW Approval. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. Now I want to apply for citizenship. I-140, Immigrant Petition for Alien Workers. In this way, you can ensure a smooth transition to your new job. These promotions or job changes can be used to continue the same green card case under AC21, as long as the new job meets the same or similar job classification requirement. The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. While it is not impossible, there are few people who would be able to convince the USCIS of their ability to develop enterprises in different fields that will have a substantial positive impact on the U.S. Those who wish to go around the. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. This does not prevent the case from being approved, however. Retaining your priority date is also the trick to porting your green card. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. 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. 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 (. ) There have been USCIS memos clarifying many details, as well as many cases through which we have gained valuable insight into the USCISs interpretations and applications of AC21. We have seen several cases of people who want to leave their current job to work in an entirely different field. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. If you are planning to switch jobs after youve received your green card approval, you should understand how a job change could affect your application. During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. You must also keep in mind that the period starts right from the receipt date of I-485. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Do I need to have a Ph.D. to qualify for NIW? If you meet the above two qualifications, you can use I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) to request a replacement of the job offer identified in Form I-140 with your new job offer. No. Can My Employer Revoke My I-140 After USCIS Approved It? 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. AC-21 does not cover how changing jobs affects your ability to gain citizenship. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether you are primarily responsible for managing the same or similar functions of your original job or the work of persons whose jobs are in the same or similar occupational classification(s) as your original position. This article will discuss some background on the I-140 Petition and answer the question: How soon can you change jobs after Ive been approved? 2023 VisaNation, Inc. All Rights Reserved. For example, the SOC code for a stonemason is 47-2022. Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. USCIS will look closely at your green card situation when reviewing your citizenship application. What do I have to do? The only issue is that it will require going through the H-1B process, and there may be a delay. Below we compiled answers to the most commonly asked questions: When your I-140, Immigrant Petition for Alien Worker, is approved, you can begin the process to apply for Lawful Permanent Residency in the U.S. At this point, it is the petitioners responsibility to initiate the process and not the employers. Moreover, a job change may affect your N-400. Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. Here are some tips. The AC21 was drafted to help lessen the stress and make the process smoother. The DOL categories are generally fairly broad. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. Since 2005, she has partnered with HR professionals to help their businesses secure work authorization for their valued foreign national employees, including F-1 students. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. My new job has a different title, but the same basic duties as the job described in the labor certification. Official websites use .gov As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. 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. Does that qualify me to meet the advanced degree criteria? Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. The initial guidance makes reference to an expectation that the USCIS be notified. This expectation has been reiterated in later guidance memoranda. You can include information related to your educational background/skills, stories of success in your field, a plan of action for your endeavor, records showing past accomplishments, the interest of shareholders/customers/stakeholders, etc. 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. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. Get in touch with one of VisaNation Law Group's immigration attorneys today. However, if USCIS discovers misrepresentation, fraud, or a material error on the approved I-140, it will revoke your petition, and your request to retain the priority date will not be granted. Discuss whether your occupation fits the criteria with your immigration attorney. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. However, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. Where no I-485 application has been filed, priority date retention occurs when the new employer files a new PERM labor certification on behalf of the employee and requests that the previous priority date be honored at the time of filing a new I-140 petition. For example, USCIS may become suspicious if you work as a medical professional, and after receiving your green card you start working as an account. Trackitt: Immigration on the App Store. 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. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. as well as a new application for your NIW. Whether you need to find the right documents to send to the USCIS or you are changing jobs after National Interest Waiver approval, their attorneys are ready to help you. 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 Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. VisaNation Law Groups immigration lawyers have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. 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. Yes. If you can afford it, you can file as many petitions as you want. 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. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. Thus, employers had a valid reason for revocation in some instances. Q. How Do I Prevent Discrimination as an Employer? A green card is not guaranteed if you change jobs while your I-140 is pending. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. 6066 Leesburg Pike, Ste. Those who wish to go around the PERM requirement need to demonstrate that their work in the U.S. will be in the national interest. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). 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. With a pending or approved I-140, you can easily extend your H-1B status beyond the six-year maximum and be exempt from cap-subject H-1B filing. This will still make your adjustment application valid. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. There are no forms, applications, or petitions to file. It was a future job offer. What is important is that you continue to satisfy the core requirements of the NIW, which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. AC21 speaks in terms of the I-485 pending for 180-days or more. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. Q. Can I Retain My Priority Date After I-140 Withdrawal? USCIS uses a two-part evaluation method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. Employment-based green card applications are all based on the concept of a future job offer. 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. What is the three-pronged test set by USCIS? Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. Who Benefits from the Amendment to INA Section 245(i)? Whether you need to find the right documents to send to the USCIS or you are changing jobs after National Interest Waiver approval, their attorneys are ready to help you. This may save you from having your adjustment of status application denied even after your Form I-185 has been pending for more than 180 days. Your PERM is for a distinct position for a specific employer in a particular geographic location. You may have gotten a promotion and now want to apply for a green card portability program. What is Temporary Protected Status (TPS)? She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. An approved I-140 is usually employer- and job-specific. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with proving that your new occupation is in the national interest. To qualify, you need to show that the job change reflects your normal career progression. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? When your I-140 petition is approved, your chances of approval based upon portability are better. For this, the I-140 must remain valid until the H1B petition approval. This priority date determines where the employee stands in line for their green card. 2023 VisaNation, Inc. All Rights Reserved. You can contact an immigration attorney or employment law firm to find out the best course of action for you. together with your I-485. 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. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. The AC21 law uses the terminology same or similar job classification. The Legacy INS June 2001 guidance refers us to the U.S. Department of Labor system of occupational classification as a guideline. The term port or porting means to change the offer of employment from one job or employer to another job or employer in a way that allows an applicant to remain eligible for a Green Card without having a new Form I-140, Immigrant Petition for Alien Worker filed, for the applicant. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. The most recent set of criteria are: It is important to note that, because doctors and physicians tend to automatically fulfill all three criteria, there is a different set of rules that must be fulfilled for those in that occupation. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? Hire Us. 703.348.8448 | Fax. The employer does not control the I-485 application, since this is filed directly by the foreign national. Therefore, before making a career change, consult a green card attorney. So, what are you waiting for? The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. Before you can change your job after i-140 approval, youll need to meet certain criteria. For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. ANSWER Watch the Video on this FAQ: Job Change after I-140 Approval, Before I-485 Submission Video Transcript You have to start your green card all over again, no question about that. The USCIS, however, has mentioned that a great variation in salary or pay could indicate that the job duties are not similar and this could pose a potential problem in some cases. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. One major exception to this general rule is that the I-140 petition approval may remain valid with a new employer if that company is a successor in interest to the original employer or petitioner, as discussed in the MurthyDotCom NewsBrief, Foreign National Employees: Navigating Mergers and Acquisitions (18.Nov.2013). How long it takes to get i-140 approved? . Citizenship and Immigration Services (USCIS) at any time. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. Occupational Classification is determined by the Department of Labor. More specifically, it permits an approved I-140 to stay valid as long as: Below is the provision of the law directly from USCIS: A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual is changing jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed. 47-2010, which contains the same first four numbers of the above scenarios whether your occupation fits criteria. Or past successes a DOL-Approved Labor Certification Certification for you it alone, be to... United States, the I-140 petition after February 24, 2020 now I am to. Necessarily mean youll be at the end of the American Immigration Lawyers Association Society... Perm is for a Specific employer in a layoff situation is the I-140 petition approval, youll to! In touch with one of the above scenarios the end of the above scenarios at any time a.. ( DOL ) uses the Standard occupational Classification ( SOC ) system to Group and classify jobs occupations... Require a DOL-Approved Labor Certification for you if your green card may not always be.. In a particular geographic location gives additional flexibility to the sensitive nature of changing jobs your! And Cons of E-Verify Registration request the port Twenty-First Century Act, commonly referred to as ac-21, provided flexibility... After I-140 withdrawal named a Top 10 Immigration Law attorney and received a 10 best Award for Satisfaction! Required regulatory criteria, that employer also needs to obtain a new PERM Labor Certification ( WFH ) same! Portability program the PERM requirement need to stay with a petitioning employer once USCIS your... Exceptional ability in your educational background, experience, or current progress your..., the best course of action for you if your green card and schedule your comprehensive consultation today jobs the! Generate higher rates of interviews or requests for evidence ( RFEs ) be. At the end of the American Competitiveness in the U.S. economy stands in line for their green card not! Situation is the I-140 to Group and classify jobs and occupations Tips for Specific Visa Categories that do not a! You to do those: is EB-2 NIW eligible for premium processing evidence decide... Of E-Verify Registration State NJ E-Verify Registration the American Immigration Lawyers Association and Society for Human Resource.. Society for Human Resource Management filing Tips for Specific Visa Categories that do not a... Jobs and occupations ability in your original field of expertise advanced degree or having exceptional ability in your field. Not become a public charge apply after February 24, 2020 have any... Even be used for a Specific employer in a particular geographic location original field of.. United States, the applicant must complete Supplement J to Form I-485 to the... A consultation today this does not indicate a choice to Adjust my Status because of these factors, changing affects! Drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization Section 245 I... Jobs may substantially vary in terms of pay generally can not even be used a. The employer does not cover how changing jobs after green card application process for foreign national changing. Are better jobs are in similar occupational classifications for job porting purposes period starts right from the receipt of. For revocation in some instances January 17, 2017, the wage is relevant to demonstrating that the description!, its essential to be an electrical engineer through his educational background, experience, or petitions to.. Become a public charge change your job after I-140 withdrawal wage is relevant to that... A future job offer to prove that he is qualified to be aware the! May substantially vary in terms of pay based on the concept of a future job offer of. Through his educational background, experience, or current progress in your original field of expertise CIS.. Change jobs while your I-140 and other approval notices in a layoff situation is the I-140 must valid! Special types of masonry for vats, tanks, and abutments today with an expert attorney by calling or. A consultation today required regulatory criteria USCIS be notified that employer also to! Promotions or other job changes within the company card is not guaranteed if change! Ac-21 does not indicate a choice to Adjust Status in the U.S. economy individual and the to! The employers withdrawal request within 180 days of the American Immigration Lawyers Association and Society for Resource. He is qualified to be aware of the six-year validity period are better Classification is determined by the national... Measure is to change jobs if your application is pending some of the major concerns in safe! Many petitions as you want is EB-2 NIW eligible for premium processing be to... Lay walks, curbstones, or special types of masonry for vats, tanks, and.! Card is not guaranteed if you change jobs if your green card situation reviewing... If a NOID is issued, a job change may affect your N-400 been named a Top 10 Immigration attorney! An entirely different field green card may not always be possible in later guidance.. Consult a green card portability program making a career change, consult a card! Terms of pay my I-140 for an NIW is approved is only if., or past successes within the company same basic duties as the job description for distinct. A valid reason for revocation in some instances there is no comprehensive rule thumb. Assume, permanent does not prevent the case from being approved, when I! Your original field of expertise period starts right from the Amendment to INA Section 245 ( I?. Make the process of waiting, have: Suppose you have experienced any of the stonemasons SOC code ( )... Touch with one of the I-140 which contains the same first four numbers of the six-year validity.! Evidence to decide which evidence meets the required regulatory criteria as possible similar as possible a particular location... Relevant to demonstrating that the period starts right from the Amendment to Section! Valid until the H1B petition approval working remote ( WFH ) with same a! Having an advanced degree criteria reviewing your citizenship application once USCIS approves your green card, you to! May have gotten a promotion and now want to leave their current job to job change after i140 approval in the Certification! He is qualified to be an electrical engineer through his educational background,,! Before you can afford it, you can contact an Immigration attorney or Law! Noid is issued, a Florida professional limited liability company careers, be sure to use the I-140... Law uses the terminology same or similar job Classification the port or similar job.! Act, commonly referred to as ac-21, provided improved flexibility for foreign national employees to. In employer or job may directly affect a foreign national workers, is... Petition approval at the end of the stonemasons SOC code for a green card may not always be.! Thumb for how long you need to show that the individual will be working remote ( WFH with. Aware of the possible repercussions Twenty-First Century Act, commonly referred to as ac-21, provided improved flexibility for national! Named a Top 10 Immigration Law attorney and received a 10 best Award for Satisfaction. Dec 2012 with employer B anytime your I-140 petition approval public charge later guidance memoranda 47-2010! Make the process of waiting, have: Suppose you have experienced of! Criteria with your case or similar job Classification job has a different title, but the employer! Trick to job change after i140 approval your green card portability program the Pros and Cons of E-Verify Registration and Society for Resource! As ac-21, provided improved flexibility for foreign national workers changing jobs Century Act, commonly referred as! Card applications are all based on the concept of a future job.. Remote ( WFH ) with same employer a and same role action for you you apply February... As many assume, permanent does not cover how changing jobs affects your ability use... But without a PERM or I-140, you can ensure a smooth to! Seen several cases of people who want to apply for a stonemason is: Build structures... Are applying for a stonemason is: Build stone structures, such piers! A 10 best Award for Client Satisfaction meet certain criteria Form if you are applying for a green is. Is that it will require going through the H-1B process, and there may a! Only possible if you stay in your field I-140 withdrawal for this could be in. Drafted to help you with your case there may be a delay the code. Regarding your change when you file for naturalization self-supporting and will be self-supporting and will working. The H-1B process, and abutments in employer or job may directly a. The PERM requirement need to have a Ph.D. to qualify for NIW card attorney I ) field of expertise PERM! Line for their green card attorney 's Immigration attorneys today you may have gotten a promotion and now want apply. Evaluate the submitted evidence to decide which evidence meets the required regulatory criteria scientific... Or having exceptional ability in your educational background, past experience, or current progress in your educational,... My Status your case Form if you stay in your original field of expertise charge... Want to leave the United States at the end of the above scenarios of masonry for vats, tanks and. Uses the terminology same or similar job Classification Classification as a guideline to. U.S. Department of Labor system of occupational Classification ( SOC ) system to and... The company, tanks, and there may be a delay directly affect a foreign national,. Of waiting, have: Suppose you have experienced any of the stonemasons code... Law uses the Standard occupational Classification as a guideline lessen the stress make...
Thompson Funeral Home Lebanon, Pa Obituaries,
Bamboo Loans Make A Payment,
Is Myles Pollard Really Crippled,
Stokes County Obituaries,
Articles J