In all green card cases (with the exception of the EB-1A), the first step is to acquire a PERM Labor Certification, which involves having your employer go through a recruiting process to make sure that no qualified U.S. workers are available for your position. Generally, it is a good idea to wait until obtaining a green card before changing employers. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Meeting the above requirements does not mean you have automatically ported from one green card to another. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. Can I Use the Approved I-140 to File an H-1B with a New Employer? Virtually identical jobs may substantially vary in terms of pay. A non-managerial position is most likely portable. There arent particular types of work that are automatically considered to be in the national interest. 2. Those who wish to go around the. Remember that an I-140 approval does not automatically guarantee your green card. A green card attorney can help you navigate the legal system, ensuring that your application is approved. These changes include both raises and salary reductions. AC21 speaks in terms of the I-485 pending for 180-days or more. 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. 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. 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. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case. What is the three-pronged test set by USCIS? I changed careers after getting my green card through NIW. 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. 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. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. AC-21 does not cover how changing jobs affects your ability to gain citizenship. The new job must be within the same occupational classification as the original one. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. 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. Adjustment of Status, Eligibility to File an Adjustment of Status (AOS), Applying For An EAD (Employment Authorization Document), Eligibility to Apply for an Employment Authorization Document (EAD), Employed Without an Employment Authorization Document, FAQ for Employment Authorization Documents, Interim Employment Authorization Document, Requirements to Claim the Benefits under Section 245(i). Advocacy is the most important factor in processing the NIW petition. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. The I-485 is based on the I-140, however, which is the employers filing. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. This applies even if the petitioning employer withdraws the approved I-140. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. The Benefits of Applying for an Adjustment of Status, Where To File An Adjustment of Status Application, Age Out Issues in Employment-Based Immigration, Age Out Issues under the Rule of Concurrent Filing and CSPA, Children of Permanent Residents and Applicants for Permanent Residency, CSPA and Children of United States Citizen, Effective Date of the Child Status Protection Act (CSPA), The Definition of a Child According to U.S. Immigration Law, Unmarried Sons and Daughters of Naturalized Citizens, Employment-Based Immigrant Visas (Green Cards), (Non-Mexicans) Who Wish to Apply for Visas in Mexico, Conditions and Limitations of a Third Country Visa (TCV), Third Country National (TCN) Processing of Nonimmigrant Visas in Canada and Mexico, Definition of a Child according to U.S. Immigration Law, FAQ N-600, Application for Certificate of Citizenship, Losing or Renouncing United States Citizenship, Naturalization Test Questions and Answers. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. 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. If your new job is within the same or similar occupational classification as your old one, you may be able to transfer your green card to it. Q. 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. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. 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. Yes, you can change jobs after your I-140 is approved, but only after when you secure a new employer who will first file a new H-1B petition on your behalf, obtain a new period of 3 years (due to the fact that you'll have an approved I-140 from your first employer then) and then restart the whole "green card" PERM process anew with the filing of its own PERM and I-140. Occupations are generally categorized based on the type of work performed. 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). 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. If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. 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. What are the Penalties for Form I-9 Violations? 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.. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. The waiting time for certain countries demonstrates this difference. This can be done electronically using Form AR-11 . 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. How Long Do I Need to Stay With My Employer After Green Card Approval? 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). As an entrepreneur, doctor, or self-practicing engineer, you may not have an employer that can acquire a PERM on your behalf. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. The I-140 must remain intact until the I-485 reaches the 180-day point. eb1c trackitt Premium Processing for some I140 petitions is a service provided by USCIS that offers 15 day processing for certain I-140 petitions and applications. Copyright 2019, MURTHY LAW FIRM. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. Q. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? From the experience of several of their clients, choosing the correct evidence to convince the USCIS that your endeavor is in the national interest of the U.S. is extremely difficult without the help of a qualified attorney. I have a bachelors degree and over five years of experience in the field. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. Therefore, before making a career change, consult a green card attorney. 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. You must keep your I-140 and other approval notices in a safe place. Does the new job have to be in the same geographic location? An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. 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. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. This is true even if the I-140 has been approved for less than 180 days. Q. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. Can My Employer Revoke My I-140 After USCIS Approved It? For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. 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. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. We have handled many similar cases. There are 2 options for you to begin your LPR process once your I-140 is approved. However, if you are in the process of changing jobs before this period, you should talk to a professional immigration attorney to understand the rules before making a decision. So, what are you waiting for? 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. My new job has a different title, but the same basic duties as the job described in the labor certification. 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. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. An I-140 typically can be used only to apply for lawful permanent residency (i.e. Youre changing your position with your current employer. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. The DOL categories are generally fairly broad. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. Do I need to have a Ph.D. to qualify for NIW? This is a huge benefit to both you and the job market, as valuable workers have more mobility. They use the Standard Occupational Classification (SOC) to group jobs/occupations. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. Trackitt: Immigration on the App Store. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. 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. A .gov website belongs to an official government organization in the United States. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. This may save you from having your adjustment of status application denied even after your Form I-185 has been pending for more than 180 days. 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). As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. Moving from one employer to another in the best of circumstances can be stressful. To get in touch with one of VisaNation Law Groups lawyers, you can fill out this simple contact form and schedule your comprehensive consultation today. Can I change employers after my NIW approval? You could potentially save yourself years of waiting time. 703.348.8448 | Fax. If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. The PERM and NIW are two different cases, handled by different agencies. However, when you completely change employers at any point in the green card process after filing the I-140, you must have that employer file a new I-140. 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. 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. The value of such notifications has been confirmed over time. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. However, if the green card category you are pursuing does not have the option of premium processing (such as the EB-1C), H-1B time recapturing, according to S. 31.3 (g)(9) and (14), is another option you can leverage. As long as you follow certain rules, you can switch jobs while your I-140 is pending. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. However, the job description for a boilermaker is significantly different from that of stonemason: Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. 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. This applies even if the petitioning employer withdraws the approved I-140 petition. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. 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. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. The initial guidance makes reference to an expectation that the USCIS be notified. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). Depending on the circumstances, the USCIS may favor the new job over the former one. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. However, it functions as petitioning for a brand new green card in all other aspects. For example, getting your green card, changing jobs (or changing jobs before obtaining the green card) within 180 days, then filing the N-400 once your five years of permanent residence are expired might be problematic. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. However, by following the steps of green card portability, you will not have to start the process from scratch. 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. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. Many employers do not withdraw I-140s upon employment termination. An added benefit of waiting 180 days after I-140 approval is the ability of an H-4 spouse to continue to obtain H-4 EADs on the basis of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days. as well as a new application for your NIW. 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 your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. 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. It is an issue of significant importance to foreign national workers. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. The SOC system covers all occupations where work is performed for pay or for profit. This means extending your stay in the U.S. by utilizing your time outside the U.S. during the six years. This article will discuss some background on the I-140 Petition and answer the question: How soon can you change jobs after Ive been approved? Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020.

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