Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. This can be done electronically using Form AR-11 . The only issue is that it will require going through the H-1B process, and there may be a delay. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. Remember that an I-140 approval does not automatically guarantee your green card. 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. Get in touch with one of VisaNation Law Group's immigration attorneys today. How Long Do I Need to Stay With My Employer After Green Card Approval? In the example in the Occupational Classifications section above, the 47 encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. 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. The SOC system is organized using codes, which generally consist of six numerical digits. 2023 VisaNation, Inc. All Rights Reserved. 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. . If, however, the USCIS revoked the I-140 petition due to fraud, misrepresentation, or a material error in the approval, the USCIS will not honor the request for priority date retention. 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. Can I use AC21 portability? It is typically between 3 to 9 months. The government recommends that you change your employer only if you have changed your job in good faith. Our immigration attorneys are often asked a lot of questions about this topic. 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. If this is the case, youll need to seek legal advice and apply for a new green card. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. 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 (. ) A .gov website belongs to an official government organization in the United States. 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. 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. 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. The first option is to file your I-485 Application to Adjust Status through the consular processing route. Can My Spouse Apply for H-4 EAD With the Approved I-140? a green card) with the petitioning employer. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. , 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. 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? Assuming you and your employer both intended to honor the conditions/terms on the I-140 when filing your I-485, you should be fine. Home > Blog > Employment Based Immigration. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. The only stipulation is that you must submit a new Form I-140 or labor certification application. 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. AC21 is a law that does not have regulations implementing its provisions. 1. This is a huge benefit to both you and the job market, as valuable workers have more mobility. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. 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. Not if it is pending. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. 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). But if the stipulated 180 days have already passed, USCIS will not allow the employer to revoke the approved I-140 petition on account of the petitioners notice alone. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . All Rights Reserved. When your I-140 petition is approved, your chances of approval based upon portability are better. In many situations, therefore, this does not present a significant problem. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. In our experience, yes. 703.348.8455, 6066 Leesburg Pike, Ste. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. Q. Can I still file an EB-2 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. 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. However, it functions as petitioning for a brand new green card in all other aspects. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. Direct cleaning of boilers and boiler furnaces. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. 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. This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. There is confusion about what qualifies as a similar job in many instances. Q. Do I need to inform USCIS if I change jobs? Microsoft MMLk51. However, by following the steps of green card portability, you will not have to start the process from scratch. 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). There are some key concerns in this situation. This is a simple application to adjust your status based on the green card petition you filed. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. This will also involve attending the interview abroad. 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. Occupations are generally categorized based on the type of work performed. 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. Not everyone who applies for an EB-2 green card is eligible for an NIW. However, there is no specific rule for matching any particular order of digits in two SOC codes. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. The DOL categories are generally fairly broad. I have a bachelors degree and over five years of experience in the field. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. The fee is $2,500. 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. While it is not impossible, there are few people who would be able to convince the USCIS of their ability to develop enterprises in different fields that will have a substantial positive impact on the U.S. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. The AC21 was drafted to help lessen the stress and make the process smoother. Don't hesitate to contact us at (949) 478-4963 today. Review our. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. 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. But if you are not sure of this, it is recommended that you contact an immigration expert. You must also keep in mind that the period starts right from the receipt date of I-485. as well as a new application for your NIW. 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. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. What are the risks? 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. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. 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. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. USCIS officers are instructed to consider additional factors, such as: If you are going from one job as a veterinarian to another job as a veterinarian, you will likely not have to worry about whether the occupational classification will remain the same. First, you must notify the USCIS if you have changed your employer. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. 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. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. 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. 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. The only implication is that there is a non-refundable fee attached to each petition you file. The longer you can stay with your petitioning/sponsoring employer, the better your case is. If thats you, keep reading to find out more. 6066 Leesburg Pike, Ste. You can contact an immigration attorney or employment law firm to find out the best course of action for you. Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. Another option is to upgrade your pending I-140 petition with premium processing if your six-year stay is about to expire and you dont want to leave the U.S. With that, you will receive a decision on your petition within 15 calendar days. Therefore, before making a career change, consult a green card attorney. You could potentially save yourself years of waiting time. The new job must be in the same or similar occupational field as the previous job in the original I-140 petition, and the employer must have the actual intent to employ the beneficiary after their adjustment of status is completed. I changed careers after getting my green card through NIW. 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. You may have gotten a promotion and now want to apply for a green card portability program. How do I exercise the portability provisions? Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. Be sure to indicate on the petition that you want to retain your priority date. 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. 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. This applies even if the petitioning employer withdraws the approved I-140. If the file contains documentation about the new job, the case should just continue being processed. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). 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. Do I need to have a Ph.D. to qualify for NIW? 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. My new job has a different title, but the same basic duties as the job described in the labor certification. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. In reviewing two positions within the same broad occupational classification, USCIS will consider factors such as the similarity of the duties, experience, or areas of study associated with each position. You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. 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. 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. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. 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. 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. ] instructs USCIS officers that they may refer to DOLs SOC system is using. Granted your green card approval is a simple application to Adjust Status in the United States the... In many situations, therefore, before making a career change, consult a green card approval its. For naturalization is no specific rule for matching any particular order of digits in two SOC codes the fact you! Particular order of digits in two SOC codes, keep reading to find out.... 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An official government organization in the field have not found it to generate higher rates of interviews or for! 478-4963 today have regulations implementing its provisions particular order of digits in two SOC codes of I-140 card petition filed... We also offer online consultations on Zoom, Skype, Facetime, and there may be a delay USCIS-PM! Of digits in two SOC job change after i140 approval to indicate on the petition that you contact an immigration expert,. The receipt date of I-485 the major group, which generally consist of six numerical digits filed!