USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. 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. However, there is no specific rule for matching any particular order of digits in two SOC codes. Withdrawal/Revocation of I-140 If an I-140 is withdrawn or revoked before 180 days, then the I-140 petition is no longer valid and cannot be ported to a new employer, even after 180 days under the AC-21 rule. The value of such notifications has been confirmed over time. An employee beneficiary of an approved I-140 petition can retain this priority date for any subsequent filing in the event he or she changes employers after approval of the I-140 petition. 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. Getting an EB-2 NIW is a delicate process. What is the most important factor in proving NIW eligibility? Job change After i-140 Approval: Green Card Portability 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 may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. The first option is to file your I-485 Application to Adjust Status through the consular processing route. This does not prevent the case from being approved, however. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. 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. So, getting an EAD through I-485 likely remains your best option. For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. Who is Prohibited from Asylum and Withholding of Removal? Contact us now for the best immigration services and get the ultimate peace of mind. 703.348.8455, 6066 Leesburg Pike, Ste. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. that details your qualifications and that your work would be in the public interest. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. The new position must match the original job description and SOC code listed in the I-140. |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. Moreover, a job change may affect your N-400. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. 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. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. We have seen several cases of people who want to leave their current job to work in an entirely different field. 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. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . Employment Immigration Attorney Located In Fairfax County. Do I Have to Notify USCIS of My Decision to Change Jobs? 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. We find that, in most cases, it is the safest approach. 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. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. 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. This is a huge benefit to both you and the job market, as valuable workers have more mobility. 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. Do I need to have a Ph.D. to qualify for NIW? Can I use AC21 portability? 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. No, it is not mandatory to have a Ph.D. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. To get in touch with one of VisaNation Law Groups lawyers, you can. However, USCIS will not necessarily conclude that the two positions are the same or similar based solely on whether the wages are the same or not. 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, gaining citizenship later will be difficult because of the problematic job change. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. No. There is confusion about what qualifies as a similar job in many instances. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. Microsoft MMLk51. 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. Changing Jobs After National Interest Waiver Approval. 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. USCIS officers will review the I-140 and compare the two job offers. Leverage their experience for your case. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. This is a simple application to adjust your status based on the green card petition you filed. 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. The only issue is that it will require going through the H-1B process, and there may be a delay. Changing your job before you physically receive your visa will incur problems if not handled correctly. USCIS officers are instructed to consider additional factors, such as: The duties of both positions However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. This may grant you an extension beyond the maximum six-year period of stay. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. 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. In many situations, therefore, this does not present a significant problem. Not everyone who applies for an EB-2 green card is eligible for an NIW. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. 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. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. It is an issue of significant importance to foreign national workers. Will my change of career affect my naturalization application? 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. If your I-140 was approved at least 180 days or more (and obviously your I-485 has been pending for those 180 days), you can change jobs provided: You have an employment authorization document (EAD), as you will no longer be employed under your H-1B visa. 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. Direct cleaning of boilers and boiler furnaces. Before you can apply for green card portability, you must have an approved form I-140. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. First, you must notify the USCIS if you have changed your employer. 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. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. 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. No. I have a pending EB-2 PERM filed by my employer. FAQ in detail. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. But if you are not sure of this, it is recommended that you contact an immigration expert. But you will get only three years if the I-140 is approved. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. This is true even if the I-140 has been approved for less than 180 days. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. a "green card") with the petitioning employer. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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 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. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. 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. 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. 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. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. Generally, it is a good idea to wait until obtaining a green card before changing employers. Adjudicating officer youve received USCIS approval and filed the I-140 is approved only... Good idea to wait until obtaining a green card, your permanent resident status is.. 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