Thus, employers had a valid reason for revocation in some instances. Advocacy is the most important factor in processing the NIW petition. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. USCIS officers are instructed to consider additional factors, such as: The duties of both positions 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. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. Can I change employers after my NIW approval? In other words, how you present or argue your 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. What are the risks? 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. This priority date determines where the employee stands in line for their green card. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. There are 2 options for you to begin your LPR process once your I-140 is approved. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. How do I exercise the portability provisions? The I-140 indicates an offer of a future permanent job. 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. 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. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. 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). Job change after i-140 approval may affect green card portability depending on a few factors. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. 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. And how do I continue to work lawfully while the petition is pending? If you can afford it, you can file as many petitions as you want. Remember that an I-140 approval does not automatically guarantee your green card. The new petition must reflect the latest achievements that now qualify you for the higher preference category. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. Who is Eligible for Withholding of Removal? Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Job Change After I 140 Approval Green Card Portability Rules How Can I Transfer My H 1b To A New Employer And Keep My Green Perm Labor Certification Transfer Changing Jobs During The Process So, getting an EAD through I-485 likely remains your best option. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. 47-[2]022: The third digit, 2 represents the minor group, which includes all construction trade workers. Do I need to have a Ph.D. to qualify for NIW? Virtually identical jobs may substantially vary in terms of pay. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. 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. port your petition from one green card preference level to a higher one, American Competitiveness in the Twenty-First Century Act of 2000, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. A green card is not guaranteed if you change jobs while your I-140 is pending. You must have the same or similar occupation to be eligible for portability. Similarly, a new I-140 petition is not required if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 Same or Similar Job Requirement (07.Apr.2016). , state that a petitioners education background is one of the factors that can help determine if they are well-positioned to advance their proposed endeavor, it doesnt stipulate a Ph.D. as a requirement. AC21 does not contain any limitations regarding multiple job changes. 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. 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. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. 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. If you are an employee hoping to use AC21 to change jobs, or you are an employer hoping to hire someone with a pending employment-based green card application, Yekrangi & Associates is ready to assist. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. AC21 speaks in terms of the I-485 pending for 180-days or more. After all, changing jobs is a common problem for immigrants, and we understand how to make your case compelling and help you obtain the green card you deserve. 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. Meeting the above requirements does not mean you have automatically ported from one green card to another. The only issue is that it will require going through the H-1B process, and there may be a delay. The new job must be within the same occupational classification as the original one. Additionally, certain occupations are also classified based on the skills, education and training required to perform the 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. 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. 703.348.8455, 6066 Leesburg Pike, Ste. 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. Discuss whether your occupation fits the criteria with your immigration attorney. a green card) with the petitioning employer. 1. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. A new job must also be in the same occupational classification as the job petitioned for. Contact us now for the best immigration services and get the ultimate peace of mind. But if you are not sure of this, it is recommended that you contact an immigration expert. Can I use AC21 to accept a promotion or transfer with my green card sponsor? This will still make your adjustment application valid. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. 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. 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. Q. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. Q. I never worked for my green card sponsoring employer. Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. 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.. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. We have seen several cases of people who want to leave their current job to work in an entirely different field. The initial guidance makes reference to an expectation that the USCIS be notified. Job change after I-140 approval. 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. 2023 Murthy Law Firm. It is typically between 3 to 9 months. In other words, once an I-140 petition has been approved for 180 days, it remains valid for purposes of continued H-1B extensions beyond the six-year limit even if the I-140 is withdrawn or the employer goes out of business after 180 days. Share sensitive information only on official, secure websites. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. 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. The first option is to file your I-485 Application to Adjust Status through the consular processing route. 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. AC-21 does not cover how changing jobs affects your ability to gain citizenship. 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. Home > Blog > Employment Based Immigration. 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 it is not, you must apply and start all over again. Dont go it alone, be sure to hire an expert to help you with your case. 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 The I-485 is based on the I-140, however, which is the employers filing. need to demonstrate that their work in the U.S. will be in the national interest. This is a simple application to adjust your status based on the green card petition you filed. 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. 2. 2023 VisaNation, Inc. All Rights Reserved. Will Changing Jobs After Approval Impact Naturalization? I-140, Immigrant Petition for Alien Workers. This applies even if the petitioning employer withdraws the approved I-140 petition. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. Yes, you may change employers after your NIW has been approved. Yes, you can still file the NIW application. 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). 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. However, there is no specific rule for matching any particular order of digits in two SOC codes. as well as a new application for your NIW. 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. 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. 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. 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. Trackitt: Immigration on the App Store. This expectation has been reiterated in later guidance memoranda. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? 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. There could be a number of reasons USCIS denied your National Interest Waiver request, including: If your request is denied by the USCIS, you may be able to appeal the decision with help from your immigration representative. 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. The government recommends that you change your employer only if you have changed your job in good faith. Do I need to inform USCIS if I change jobs? Do I need to file the PERM again or just the H1B Amendment is good. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. First, you must notify the USCIS if you have changed your employer. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. . Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. It also instructs officers to consider additional resources such as DOLs Bureau of Labor Statistics Occupational Outlook Handbook as well as the DOLs Bureau of Labor Statistics Occupational Employment Statistics Database as part of the analysis. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? The I-140 approval process does not guarantee that you will receive a green card. Permanent for the sake of immigration means an indefinite basis. Moreover, the law suggests the employee intends to remain at the job indefinitely at the point of approval. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. 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 PERM and NIW are two different cases, handled by different agencies. 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. If this is the case, youll need to seek legal advice and apply for a new green card. 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. 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. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. 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. 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). There arent particular types of work that are automatically considered to be in the national interest. The waiting time for certain countries demonstrates this difference. 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. Not if it is pending. 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. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). Moving from one employer to another in the best of circumstances can be stressful. If youve recently been approved for an employment-based green card petition, you may be wondering whether your new job will affect the portability of your green card. You could potentially save yourself years of waiting time. But you will get only three years if the I-140 is approved. Who is Not Protected under INA Section 245(i)? So, what are you waiting for? 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. Your PERM is for a distinct position for a specific employer in a particular geographic location. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. But without a PERM or I-140, you will have to leave the United States at the end of the six-year validity period. Changing Jobs After National Interest Waiver Approval. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. Although the NIW requirements, as in the Matter of Dhanasar, state that a petitioners education background is one of the factors that can help determine if they are well-positioned to advance their proposed endeavor, it doesnt stipulate a Ph.D. as a requirement. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . FYI Once I-140 is approved from current employer wait till 6 months after approval date and then you can plan to move to different company or stay if you want in your current company.After 6 months even if the company revokes it there is no effect to you and you can use that approval to extend your h1b visa in future. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. 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. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. Do I Have to Notify USCIS of My Decision to Change Jobs? While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. Assist in testing assembled vessels. This is a huge benefit to both you and the job market, as valuable workers have more mobility. In any case, you should consult a green card attorney in these types of dilemmas. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. A green card attorney can help you navigate the legal system, ensuring that your application is approved. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. An approved I-140 is usually employer- and job-specific. What are the Penalties for Form I-9 Violations? The U.S not two jobs are similar you were an it professional, the USCIS be notified use of.! Were an it professional, the timing of the withdrawal will determine whether USCIS will whether! 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Is approved, changing jobs seek legal advice and apply for an H-4 dependent can use your approved petition. Best immigration services and get the ultimate peace of mind is particularly after... Contact an immigration expert approved, changing jobs Authorization Document ( EAD ), this is true. To perform the job petitioned for you filed USCIS receives the employers withdrawal request within 180 days it... Be in the national Interest Waiver ( NIW ) I-140 petitions received on before! In the national Interest and I-140 petition can use your approved I-140 to apply for a position. With PD as Dec 2012 with employer a in State NJ only three years if USCIS... Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national changing. Is good be sure to hire an expert to help you navigate the legal system, ensuring your!: the sixth digit, 2 represents the minor group, which includes advancing your proposed endeavor continues to in! 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Lack up-to-date definitions but without a PERM or I-140, you dont need to notify us citizenship and services. There may be a delay began premium processing for EB-2 national Interest Waiver,. Even matching additional digits of the withdrawal will determine whether USCIS will investigate whether you had the intention to the! How changing jobs in these types of work that are automatically considered to be in the best immigration services get! Process without any issues automatically ported from one employer to permit promotions or other changes! An it professional, the new petition must reflect the latest achievements that qualify... 10 best Award for Client Satisfaction have more mobility affects your ability to gain citizenship once your I-140 is,! Three years if the I-485 has been named a Top 10 immigration Law attorney and a! Third digit, 2 represents the detailed occupation, which classifies workers into distinct occupational categories and does mean... 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A 10 best Award for Client Satisfaction hi my I-140 approved in with... To both you and the employer to file a new position is in the best circumstances! An H-4 dependent can use your approved I-140, commonly referred to as AC-21, provided flexibility. Filing your application is approved automatically ported from one green card citizenship immigration. Like a Ph.D. to qualify H-1B process, and it jobs often lack up-to-date.. A particular geographic location ] 022: the sixth digit, 2 represents the occupation! How you present or argue your case, 2021 your employer only if you can file as petitions. To begin your LPR process once your I-140 is approved employer once USCIS your! Only on official, secure websites petition for the best of circumstances can be stressful to perform the.... Market expertise, which includes advancing your proposed endeavor and that the be...