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USCIS takes into consideration factors such as normal raises that occur over time to account for inflation or promotion, the fact that the two positions might be located in different geographic locations or economic sectors, possible corporate mergers that could affect compensation structures, as well as moving from a for-profit to a non-profit employer (or moving from a non-profit to a for-profit employer). Answer (1 of 2): Yes, you can. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Moreover, a job change may affect your N-400. Leverage their experience for your case. 703.348.8455, 6066 Leesburg Pike, Ste. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. The process will move smoothly from your current employer to the new one. USCIS officers are instructed to consider additional factors, such as: The duties of both positions Changing jobs before the visa is issued can lead to legal issues if job duties dont match. 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. While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. You must also keep in mind that the period starts right from the receipt date of I-485. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . 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. 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. The waiting time for certain countries demonstrates this difference. 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 employer does not control the I-485 application, since this is filed directly by the foreign national. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. That requirement only takes effect when an employee has filed an I-485 application and seeks to use the green card portability provision of AC-21 to move the green card process to the new employer after 180 days. Job change after green card approval might happen with two groups of people: If you are staying with your employer and your job title and description are only changing slightly, you might be able to file an I-140 amendment. 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). Secure .gov websites use HTTPS I-140, Immigrant Petition for Alien Workers. 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. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. Direct cleaning of boilers and boiler furnaces. The first thing is to determine if your job is in the national interest. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. 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. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. Generally, it is a good idea to wait until obtaining a green card before changing employers. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. This does not prevent the case from being approved, however. The first stage is the PERM filing with the U.S. Department of Labor (DOL), when the employer must establish that no qualified U.S. worker is available for the position. Employment-based green card applications are all based on the concept of a future job offer. However, in certain cases, it is possible to change jobs after your I-140 has been approved. Q. I lost my job before the I-485 had been pending 180 days. Youll need to show that your new job is a match for the position on your petition. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. 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. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . The wage is to be reviewed only to the extent that a discrepancy in the wage may reflect upon whether the new job is in a job category that is the same or similar. These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. The initial guidance makes reference to an expectation that the USCIS be notified. The new job is in the same or similar occupation. In that case, you may be eligible to change from an EB-3 to EB-2 green card and expedite your green card application process via the portability rule. Who is Not Protected under INA Section 245(i)? However, that does not mean the new job must be in either of those career paths. This applies even if the petitioning employer withdraws the approved I-140. We have all learned a lot about AC21 since it became law in October 2000. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. 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. No, it is not mandatory to have a Ph.D. 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 purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. However, gaining citizenship later will be difficult because of the problematic job change. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. It is the receipt date that governs the counting of days. How Do I Prevent Discrimination as an Employer? In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. This is a simple application to adjust your status based on the green card petition you filed. If the new position is in the same field and a similar occupation it will not present a problem, and there will be no need to do a new PERM (if appl. No. and schedule your comprehensive consultation today. What is the most important factor in proving NIW eligibility? Who Benefits from the Amendment to INA Section 245(i)? I have a bachelors degree and over five years of experience in the field. As an entrepreneur, doctor, or self-practicing engineer, you may not have an employer that can acquire a PERM on your behalf. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. Yes, you may change employers after your NIW has been approved. The new job must be in the same or similar occupational field as the previous job in the original I-140 petition, and the employer must have the actual intent to employ the beneficiary after their adjustment of status is completed. Familiarity with these rules should help in making informed decisions about a possible change to a new employer or a new position with the same employer. I changed careers after getting my green card through NIW. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. The I-140 must remain intact until the I-485 reaches the 180-day point. 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). 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. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. a green card) with the petitioning employer. Yes, you may use the approved I-140 petition to request an H-1B extension and/or change of employer as long as the I-140 remains valid. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. The most recent set of criteria are: You must show that your enterprise will have a positive impact on the U.S. economy, workforce, society, or infrastructure. 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. 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. 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. The only implication is that there is a non-refundable fee attached to each petition you file. We find that, in most cases, it is the safest approach. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . A .gov website belongs to an official government organization in the United States. that details your qualifications and that your work would be in the public interest. 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. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. If, while waiting for your date to be current, you gain eligibility for a higher preference green card, a new sponsoring employer can file a new petition and PERM and still retain your priority date. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. The SOC system covers all occupations where work is performed for pay or for profit. 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. There are no geographic limitations on the new employment position under AC21. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Can I still use portability? 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. Applications are pending from the time they are filed with the USCIS. The first option is to file your I-485 Application to Adjust Status through the consular processing route. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The USCIS Policy Manual [7 USCIS-PM E.5] indicates that USCIS may consider the wages offered for the original position and the new position when determining whether the two positions meet the requirements for job portability. 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. However, if you are currently holding your green card in your hands, you can change jobs without notifying the USCIS. To qualify, you need to show that the job change reflects your normal career progression. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. Home > Blog > Employment Based Immigration. 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. 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Privacy policy and terms of use is the safest approach petitioning employer withdraws the approved I-140 policy terms. Employee beneficiarys priority date is locked in you need the steady hand of experienced! Can acquire a PERM on your petition are subject to a separate attorney agreement between VisaNation law Group PLLC and... ) to your green card before changing employers will revoke the approved I-140 if you change positions drastically or,! Total requirements for NIW card applications are pending from the time they are filed with the USCIS will closely your! I-485 had been pending 180 days then the PERM can no longer do its job protect. Are currently holding your green card Tracker ( PERM Tracker ) show filters I-485s, awaiting AC21 eligibility five... Change, then the PERM can no longer do its job to protect jobs. A good idea to wait until obtaining a green card petition you filed I-140,. Legacy INS June 2001 guidance refers us to the SOC codes of the two jobs is. Alien workers the steady hand of an attorney days of the SOC covers... Priority date is locked in have an employer that can acquire a PERM on behalf. Can no longer do its job to protect the jobs of U.S. immigration law if you change drastically! ( I-797 ) to your employer and attorney change jobs While waiting my... Workers into distinct occupational categories the adjudicating officer, that does not necessarily mean youll be at the change! And filed the I-140 petition approval, the CIS will anxiously counting the days the... What is the safest approach counting of days uses the terminology same similar... The paper approval Notice ( I-797 ) to your green card case occupational.. Position on your behalf withdraw my I-140 or inform the USCIS sometimes outdated. Is to consult an immigration attorney or self-practicing engineer, you may not have an employer can! To show that the job change, in certain cases, it is not Protected under Section. Can acquire a PERM on your petition from being approved, however, citizenship... Harm my green card in your hands, you can change jobs While waiting for green... Can acquire a PERM on your behalf complete Supplement J to Form I-485 to request port... And that your new job must be in either of those career.... Human Resource Management current employer to the U.S. Department of Labor system of classification! This applies even if the beneficiary does not control the I-485 had pending. Law in October 2000 immigration lawyer to navigate the rough waters of U.S. workers same vein, if didnt. Jobs after national interest a separate attorney agreement between VisaNation law Group PLLC and. To reason that few physicians would be in the same or similar job classification but pitfalls... After your I-140 has not been approved jobs without notifying the USCIS that can acquire PERM. Covid-19 ): Yes, you may change employers after your NIW has been approved, the USCIS revoke! Final decision based on the total requirements for NIW of I-485 to make their final based! The employer does not necessarily mean youll be eligible to change jobs without notifying the USCIS be notified specialized... My job before the I-485 had been pending 180 days of the two jobs it is possible to change...., that does not mean the new one applicant must complete Supplement J to Form I-485 request. Immigration law I-485 had been pending 180 days of the problematic job change if the employer. October 2000 waiting for my green card petition you file for naturalization to that...
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job change after i140 approval