Virtually identical jobs may substantially vary in terms of pay. Hire Us. USCIS and DOL treat each petition individually, which means one can submit multiple petitions under various categories simultaneously and the decision on one petition will not affect the other. The longer you can stay with your petitioning/sponsoring employer, the better your case is. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? However, when you completely change employers at any point in the green card process after filing the I-140, you must have that employer file a new I-140. To qualify, you need to show that the job change reflects your normal career progression. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. The fee is $2,500. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. So, getting an EAD through I-485 likely remains your best option. What are the risks? This means the I-140 and the I-485 may be filed at the same time, or the I-140 may be filed first; the I-485 may be filed while the I-140 is still pending. This will not disrupt your immigration process. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. Retaining your priority date is also the trick to porting your green card. This is often possible even after the expiration of the individuals 6-year H1B period, since, under a USCIS opinion letter, the law permits extensions beyond the 6-year limitation with employer B based on a qualifying green card case previously filed with employer A.. 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transfer petition seeks to extend the employees H-1B status beyond the six-year limit, the I-140 approval must not be withdrawn, or if it has been withdrawn, the withdrawal must have occurred more than 180 days after the I-140 was approved. 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. The process will move smoothly from your current employer to the new one. The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. 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. This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. 47-0000Construction and Extraction Occupations, 47-2020Brick masons, Block masons, and Stonemasons, The skills, experience, education, training, licenses or certifications specifically required to perform each job, Any other relevant and credible evidence submitted by the applicant. Consult with your green card attorney to ensure the change will not affect your application. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. Yes, you may change employers after your NIW has been approved. 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. However, if you are in the process of changing jobs before this period, you should talk to a professional immigration attorney to understand the rules before making a decision. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. 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. Be sure to indicate on the petition that you want to retain your priority date. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. 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. This is a huge benefit to both you and the job market, as valuable workers have more mobility. However, if the I-140 is still pending, you can only request a one-year H-1B extension, provided your PERM has been filed for at least 365 days. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. Schedule a consultation today with an expert attorney by calling 1-800-808-4013 or 1-216-696. There are no forms, applications, or petitions to file. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. It is an issue of significant importance to foreign national workers. . She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. However, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. Yes. After 180 days, you can change your employer or job. 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. 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. 2023 Murthy Law Firm. However, in certain cases, it is possible to change jobs after your I-140 has been approved. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. The American Competitiveness in the 21st Century Act of 2000 (AC21) allows a company to recruit a potential employee who has a case pending for an employment-based green card. 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. No. Q. 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. In our experience, yes. . Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. and schedule your comprehensive consultation today. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. Q. The AC21 was drafted to help lessen the stress and make the process smoother. The new position must match the original job description and SOC code listed in the I-140. Meeting the above requirements does not mean you have automatically ported from one green card to another. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. The only issue is that it will require going through the H-1B process, and there may be a delay. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. No occupation will be assigned to more than one category with six digits. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. 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. Some employers may experience the loss of valuable employees; other employers, perhaps offering better employment terms and conditions, may find that they are able to hire needed foreign workers without having to sponsor their green cards. Discuss whether your occupation fits the criteria with your immigration attorney. 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. There are some key concerns in this situation. 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 length of the extension will depend on the status of the I-140 petition. There are some rules regarding the green card portability and I-140 petition. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. 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. The first thing is to determine if your job is in the national interest. 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. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. In many situations, therefore, this does not present a significant problem. 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. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. We have seen several cases of people who want to leave their current job to work in an entirely different field. The only implication is that there is a non-refundable fee attached to each petition you file. A job change, however, may not always disrupt the I-140 process. Leverage their experience for your case. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. Answer (1 of 7): You can change your employer right after your I-140 got approved with current employer, but here is the point i suggest you to be with current employer for 180 days after your approval with them. The I-140 indicates an offer of a future permanent job. This can be done electronically using Form AR-11 . If this is the route that you wish to take, it is highly recommended that you work very closely alongside an immigration attorney to make sure that your case is waterproof. You may request to port your job offer using the Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). 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. To get in touch with one of VisaNation Law Groups lawyers, you can fill out this simple contact form and schedule your comprehensive consultation today. 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. Your I-140 portability is the ability to retain the priority date for your EB-3 and port it to your EB-2 without restarting the process. Who is Eligible for Withholding of Removal? It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. For example, the SOC code for a stonemason is 47-2022. Yes, you can still file the NIW application. 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 later May 2005 Yates Memo makes the same references. Because no I-485 application has been filed, an H-1B transfer petition must be filed by the new employer in order for the employee to begin work. Will Changing Jobs After Approval Impact Naturalization? Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. Another option is to ask your employer to file an H-1B on your behalf. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. Do I need to inform USCIS if I change jobs? Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. The new job must be associated with the previous position, and its duties must be similar. What do I have to do? Unlike the H1-B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. USCIS will look closely at your green card situation when reviewing your citizenship application. Can I change employers after my NIW approval? For this, the I-140 must remain valid until the H1B petition approval. In order to understand the ins and outs of the National Interest Waiver (NIW), we must first take a look at the reason for applying for one in the first place. Cyprus Permanent Residence and Citizenship Programs, EB-1: Employment Based Immigration - First Preference, EB-2: Employment Based Immigration: Second Preference, EB-3: Employment Based Immigration - Third Preference, EB-4: Employment Based Immigration - Fourth Preference, H-1B2: DOD Researcher and Development Project Worker, H-3: Nonimmigrant Trainee or Special Education Exchange Visitor, Malta: Residence/ Citizenship through Investment, I-751: Lifting Conditions on a Green Card, Adjustment of Status in Immigration Court, Cancellation of Removal for Permanent Residents, CAT Protection (Convention Against Torture), Habeas Corpus: Fighting prolonged immigration detention, Non-Legal Permanent Residents Cancellation of Removal, Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Workers, I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Standard Occupational Classification (SOC), The skills, experience, education, training, licenses, or certifications needed for each job. However, gaining citizenship later will be difficult because of the problematic job change. Changing jobs without informing USCIS could jeopardize your application. Another option is to ask your employer to file an H-1B on your behalf. An approved I-140 is usually employer- and job-specific. Q. I never worked for my green card sponsoring employer. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. In this way, you can ensure a smooth transition to your new job. However, it functions as petitioning for a brand new green card in all other aspects. This is where the 180-day window after I-140 approval can become important. There is confusion about what qualifies as a similar job in many instances. Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. Q. 703.348.8448 | Fax. For example, the SOC code for a stonemason is 47-2022. What are the Pros and Cons of E-Verify Registration? This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. I don't recommend it. Who is Not Protected under INA Section 245(i)? 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. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. You can switch to any career of your choice as long as you can provide convincing evidence to prove that what you are doing is benefiting the U.S. economy or general well-being. 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. If it is not, you must apply and start all over again. 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. The employment is of substantial merit and national importance, The petitioner is capable and qualified to advance this endeavor, It is a benefit in national scope to the U.S. and meets the labor certification criteria in EB-2 category, Lack of clarity on fulfilling the requirements. Thus, employers had a valid reason for revocation in some instances. 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. 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. But you will get only three years if the I-140 is approved. You must keep your I-140 and other approval notices in a safe place. The most important thing is to present your evidence to USCIS in a convincing way. We find that, in most cases, it is the safest approach. The safe approach is to avoid this scenario by working for the sponsoring employer. Does that qualify me to meet the advanced degree criteria? 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. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. Changing jobs after a green card approval throws a wrench into an already complicated process. Youre changing your position with your current employer. Yes, that does, which means you may qualify for an EB-2 visa. You must have the same or similar occupation to be eligible for portability. These changes include both raises and salary reductions. 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. There are no geographic limitations on the new employment position under AC21. 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. The portability of your green card may not always be possible. Occupations are generally categorized based on the type of work performed. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. Your PERM is for a distinct position for a specific employer in a particular geographic location. If you have received your I-140 approval and are planning to change jobs, you will need to prepare a new labor certification and I-140 petition. For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can still be accomplished even if an I-485 application has not yet been filed due to lack of available immigrant visas or green cards based on the employee's country of birth, priority date, and preference category. 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. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. Established in Matter of Dhanasar, the three-pronged test requires the following: Your immigration attorney will help you highlight how your endeavor helps benefit the United States, how working conditions will be improved for U.S. workers, immediate and long-term benefits, etc. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. Change your employer to the U.S. economy brand new green card application without... Withdraws the I-140 flags with the same employer that filed the I-140 indicates an offer a. Change jobs foreign national workers your I-140 portability is the safest approach one green may... Is the ability to retain the priority date may be a delay and my priority date is Feb 2022 reflects! Want to retain your priority date for your EB-3 and Port it to new! 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