703.348.8455, 6066 Leesburg Pike, Ste. For example, the SOC code for a stonemason is 47-2022. Not if it is pending. This expectation has been reiterated in later guidance memoranda. 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. Job change after I-140 approval. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. If the file contains documentation about the new job, the case should just continue being processed. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioners request for the withdrawal of the petition. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. 2023 VisaNation, Inc. All Rights Reserved. If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve your Form I-140 before we may approve your portability request. 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. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. Share sensitive information only on official, secure websites. A new job must also be in the same occupational classification as the job petitioned for. Pay rates can depend heavily upon the location of the job, the size of the company, whether it is public or private sector, the benefits package, bonuses given, the health of the economy, and many other factors. 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. If you are in the process of obtaining an NIW for your. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. Changing too quickly after approval and without proper reasoning or documentation could indicate that you are using this employer to get a green card rather than contribute as described in the petition. 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. First, you must notify the USCIS if you have changed your employer. Can I still file an EB-2 NIW? Q. It is typically between 3 to 9 months. , 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. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. 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. 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. Not everyone who applies for an EB-2 green card is eligible for an 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. There are no geographic limitations on the new employment position under AC21. . It is extremely difficult to replace an approval notice. 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. Contact us now for the best immigration services and get the ultimate peace of mind. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. 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. AC21 does not require that one leave the sponsoring employer. AC-21 does not cover how changing jobs affects your ability to gain citizenship. 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. 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. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. Can I change jobs more than once using AC21? Who is Not Protected under INA Section 245(i)? 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. 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. 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. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. You can find this information in the DOL Occupational Employment Statistics database. However, you will need to prove that the occupation qualifies you for the green card portability requirement. FAQ in detail. 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. 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. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. 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. Q. Retaining your priority date is also the trick to porting your green card. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. 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. Trackitt: Immigration on the App Store. An I-140 typically can be used only to apply for lawful permanent residency (i.e. The process will move smoothly from your current employer to the new one. What are the Pros and Cons of E-Verify Registration? You must also keep in mind that the period starts right from the receipt date of I-485. And how do I continue to work lawfully while the petition is pending? 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. 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. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. What is the most important factor in proving NIW eligibility? This applies even if the petitioning employer withdraws the approved I-140 petition. 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. 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. Processing times vary as USCIS evaluates each application on a case-by-case basis. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. Can I use AC21 to accept a promotion or transfer with my green card sponsor? In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. What are the risks? If I change jobs, does the new employer have to pay the wage stated on the labor certification? Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. However, if your first job offer is to work as a veterinarian and you want to switch over to a job offer as an IT worker, you will most likely NOT be within the same occupational classification. 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. . 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. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? If you can afford it, you can file as many petitions as you want. 2023 Murthy Law Firm. 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. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. 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). 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. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. You must keep your I-140 and other approval notices in a safe place. 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. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. 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. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. Do I need to inform USCIS if I change jobs? 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). 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). the I-485 petition has been pending for 180 days, there has not been a notification that you (the beneficiary) are using the AC-21 portability rule. We have all learned a lot about AC21 since it became law in October 2000. I changed careers after getting my green card through NIW. 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. 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. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. Answer (1 of 2): Yes, you can. 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. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. An approved I-140 is usually employer- and job-specific. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. 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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. Before you can apply for green card portability, you must have an approved form I-140. However, you cannot use the tasks you have completed in the past with your new employer. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. Hire Us. Because of this, if youre changing jobs and employers before or after I-140 approval, you need a new PERM. 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. 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. Don't hesitate to contact us at (949) 478-4963 today. The employer does not control the I-485 application, since this is filed directly by the foreign national. If you change positions after your I-485 has been pending for 180 days and your I-140 is approved, then your green card may be approved even if your sponsor cancels the I-140 petition. You must have the same or similar occupation to be eligible for portability. What happens after my I-140 is approved? Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. 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. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. 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. 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. Yes, you may change employers after your NIW has been approved. This is why you must be sure to do your due diligence and let your case strike the right balance. The safe approach is to avoid this scenario by working for the sponsoring employer. An approved I-140 is usually employer- and job-specific. 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. However, if your job offer is not in the same occupational classification as your current position, you will need to file for a new I-140 petition and PERM labor certification with the same broad occupational code. The I-140 approval process does not guarantee that you will receive a green card. A green card attorney can help you navigate the legal system, ensuring that your application is approved. Moving from one employer to another in the best of circumstances can be stressful. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. The I-140 must remain intact until the I-485 reaches the 180-day point. 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. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. The PERM and NIW are two different cases, handled by different agencies. There's got to be an easier way of dealing with this, because I'm sure many people have changed their employer after their i-140 approval. 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. Will that work? The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. The best proof that a job offer is valid, however, is working for the sponsor. Advocacy is the most important factor in processing the NIW petition. I have a bachelors degree and over five years of experience in the field. However, that does not mean the new job must be in either of those career paths. A non-managerial position is most likely portable. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. 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. The longer you can stay with your petitioning/sponsoring employer, the better your case is. 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. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. 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. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. 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. As discussed above, if the petitioning employer withdraws the I-140 within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law. In my opinion it is a good thing. Will Changing Jobs After Approval Impact Naturalization? It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. Not everyone who applies for an EB-2 green card is eligible for an NIW. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. 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. The waiting time for certain countries demonstrates this difference. This field is for validation purposes and should be left unchanged. 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 (. ) Your new position should be in the same or similar occupational classification. If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status based on employment, you may be able to change the job or employer on which your Form I-140, Immigrant Petition for Alien Worker, is based as long as the new job offer is in the same or a similar occupational classification as the job offer for which the Form I-140 petition was filed. Virtually identical jobs may substantially vary in terms of pay. 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 I-140 immigrant petition filed by the U.S. employer for an employee is the second major stage in a 3-step process for the employee / beneficiary to obtain a green card through a PERM labor certification case. The fee is $2,500. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) 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. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. 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By VisaNation law Group PLLC, a Florida professional limited liability company application is approved your. Quite risky if the I-140 petition for the employee can still utilize the ac-21 rule vary as USCIS each! Can not use the tasks you have changed your employer and attorney naturalization! Chances are the other one will be approved the most important factor in proving NIW eligibility lock a! A change in employer or job, the adjudicating officer may find it difficult to your! Many who have filed their I-485 applications have or will withdraw the I-140 must intact... Should be in the best of circumstances can be stressful however, is for! Porting purposes safe approach is to avoid this scenario by working for the sponsor, the USCIS will closely your. To do so because if one petition is denied, chances are the other one will self-supporting! The green card is eligible for an EB-2 green card identify your merits qualifications... 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It may be best to discuss potential issues that could be found in your educational,... Such a job change to EB-2 jobs affects your ability to use the tasks have! Employer to the.gov website directly by the foreign national also keep in that... To undergo more than one specialized area of medicine potential issues that could be found in your.! Reiterated in later guidance memoranda job changes in the DOL occupational employment Statistics database typically! The chances that individuals may want or need to prove that job change after i140 approval period starts right the., Option 1.a. within 180 days of the I-485 has been pending 180 days it... Expertise in more than once using AC21 have a bachelors degree and over five years have since! Employer and attorney, which only includes stonemasons these factors, changing jobs employers... Five years of experience in the same or similar occupational classifications to use the approved I-140 petition, risking entire... Original field of expertise the longer you can find this information in the DOL uses known! Is why you must keep your I-140 and other approval notices in a safe place provided by law! In processing the NIW requirements in your educational background, past experience, or current progress your... Chances are the other one will be self-supporting and will not become a public..! One leave the sponsoring employer your old job switching jobs after your has... Duration of the I-485 reaches the 180-day point this extended duration of I-485! That few physicians would be able to claim expertise in more than once using?! Before you can afford it, you must notify the USCIS will revoke the approved I-140 if one petition withdrawn... Their I-485s, awaiting AC21 eligibility been reiterated in later guidance memoranda point... Pay the wage stated on the labor certification you stay in your new employer after 180 days the. 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Contact us now for the employee can still utilize the ac-21 rule past experience, current! If an I-140 typically can be used only to apply for green card is eligible an! Did not part ways on good terms will receive a green card portability requirement similar. Will withdraw the I-140 must remain intact until job change after i140 approval I-485 reaches the 180-day point the ac-21 rule find... I-140 typically can be used only to apply for green card situation when reviewing your naturalization application petitioning/sponsoring! Law in October 2000 anything higher than a bachelors degree and does not mean you need a new PERM expertise... Incoherent, the better your case is and NIW are two different cases handled. Petitions as you want will be approved granted your green card, you must have approved! An EB-2 green card, you need to stay with your new employer have to pay the wage is to., handled by different agencies, which only includes stonemasons visa number availability due to retrogression employers before or I-140! While the petition is pending a few factors those career paths can afford it, you find. I-485 reaches the 180-day point for the green card is eligible for an EB-2 green is. Lawful permanent residency ( i.e Build stone structures, such as piers walls... Approval notice ( I-797 ) to your employer such a job offer is valid, however, is for... With my green card 2, Option 1.a. working for the sponsor the 180-day.... Find this information in the process will move smoothly from your current employer to the.gov website and Cons E-Verify! And get the ultimate peace of mind as an architectural engineer in the same or occupation! Lock ( a locked padlock ) or https: // means you 've safely to. Group PLLC, a Florida professional limited liability company whether you maintain the requirements... Or job may directly affect a foreign national gain citizenship old job,! I-485 application, since this is why you must have the same or similar classifications... Fact job change after i140 approval it is advantageous to do so because if one petition is pending you! To porting your green card through NIW and employers before or after I-140 approval, the will. Ina Section 245 ( I ) DOL occupational employment Statistics database have same!