The new job is in the same or similar occupation. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. 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. No. If you can prove that your new career is of national importance and you have consistently advanced your chosen endeavor, you shouldnt have a problem regarding that during your citizenship application. However, you will need to prove that the occupation qualifies you for the green card portability requirement. But you will get only three years if the I-140 is approved. In order to understand the ins and outs of the National Interest Waiver (NIW), we must first take a look at the reason for applying for one in the first place. Does the new job have to be in the same geographic location? The employer does not control the I-485 application, since this is filed directly by the foreign national. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. Who is Not Protected under INA Section 245(i)? The length of the extension will depend on the status of the I-140 petition. 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). Changing jobs before the visa is issued can lead to legal issues if job duties dont match. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. This priority date determines where the employee stands in line for their green card. 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. You must keep your I-140 and other approval notices in a safe place. 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. 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. In many situations, therefore, this does not present a significant problem. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. There are some rules regarding the green card portability and I-140 petition. The new job must be within the same occupational classification as the original one. 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. You may be wondering why it is important to consult a green card attorney when changing jobs. The most important thing is to present your evidence to USCIS in a convincing way. The I-485 is based on the I-140, however, which is the employers filing. 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. 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. Changing Jobs After National Interest Waiver Approval. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. Withdrawal/Revocation of I-140 If an I-140 is withdrawn or revoked before 180 days, then the I-140 petition is no longer valid and cannot be ported to a new employer, even after 180 days under the AC-21 rule. 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. Occupational Classification is determined by the Department of Labor. The I-140 must remain intact until the I-485 reaches the 180-day point. 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. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? 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. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. However, there is no specific rule for matching any particular order of digits in two SOC codes. Can I still file an EB-2 NIW? 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. However, you cannot use the tasks you have completed in the past with your new employer. Can I change jobs more than once using AC21? 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. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers. Yes, you can still file the NIW application. 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. An approved I-140 is usually employer- and job-specific. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. 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). If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. Job change after i-140 approval may affect green card portability depending on a few factors. This applies even if the petitioning employer withdraws the approved I-140. AC21 does not contain any limitations regarding multiple job changes. Q. I never worked for my green card sponsoring employer. In other words, an employee who is currently being sponsored by one employer can look for a different employer without having to abandon their current application for a green card. 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.. If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. A new job must also be in the same occupational classification as the job petitioned for. You may also file. You may also file Form I-131 together with your I-485 to get advance parole, which serves as your valid travel document while the I-485 is pending. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. 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. 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. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. 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. The process will move smoothly from your current employer to the new one. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. How do I exercise the portability provisions? Therefore, they would not be able to change jobs outside their field after NIW approval. 2023 VisaNation, Inc. All Rights Reserved. The longer you can stay with your petitioning/sponsoring employer, the better your case is. The employer can always withdraw or request to revoke the I-140 petition. The, PERM and NIW are two different cases, handled by different agencies. What is the EB-2 NIW green card processing time? 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. Discuss whether your occupation fits the criteria with your immigration attorney. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. My new job has a different title, but the same basic duties as the job described in the labor certification. But if you are not sure of this, it is recommended that you contact an immigration expert. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. Does that qualify me to meet the advanced degree criteria? 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. Those who wish to go around the PERM requirement need to demonstrate that their work in the U.S. will be in the national interest. 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. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. AC21 speaks in terms of the I-485 pending for 180-days or more. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. 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. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. If you can afford it, you can file as many petitions as you want. 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. 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). However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. 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 term port or porting means to change the offer of employment from one job or employer to another job or employer in a way that allows an applicant to remain eligible for a Green Card without having a new Form I-140, Immigrant Petition for Alien Worker filed, for the applicant. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. 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. No. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. In any case, you should consult a green card attorney in these types of dilemmas. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. 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. No, it is not mandatory to have a Ph.D. 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 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. 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. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. Advocacy is the most important factor in processing the NIW petition. Also, if you are applying for the EB-1A or EB-5 green cards, you do not need a job offer, so your green card is not contingent on which position you hold. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. Trackitt: Immigration on the App Store. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. There are 2 options for you to begin your LPR process once your I-140 is approved. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. The only implication is that there is a non-refundable fee attached to each petition you file. If you are in the process of obtaining an NIW for your. 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. . 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. 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. We find that, in most cases, it is the safest approach. 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. My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. 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. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Job change after green card approval might happen with two groups of people: If you are staying with your employer and your job title and description are only changing slightly, you might be able to file an I-140 amendment. . 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. Who is Prohibited from Asylum and Withholding of Removal? 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. You could potentially save yourself years of waiting time. 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. However, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. The new job will start in Aug 2023 if I accept the offer. Not everyone who applies for an EB-2 green card is eligible for an NIW. The USCIS Policy Manual [7 USCIS-PM E.5] indicates that USCIS may consider the wages offered for the original position and the new position when determining whether the two positions meet the requirements for job portability. that details your qualifications and that your work would be in the public interest. USCIS officers may compare factors including, but not limited to: USCIS officers will consider the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes and make our determination based upon a preponderance of the evidence. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. Changing jobs without informing USCIS could jeopardize your application. 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. 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. 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. Virtually identical jobs may substantially vary in terms of pay. This is where the 180-day window after I-140 approval can become important. Not everyone who applies for an EB-2 green card is eligible for an NIW. One of the primary potential problems arises if an RFE is issued. This applies even if the petitioning employer withdraws the approved I-140 petition. Your personal information is protected by our Privacy Policy. If it is not, you must apply and start all over again. If the file contains documentation about the new job, the case should just continue being processed. The team is friendly, professional, and wants to help. Job change after I-140 approval. Can I Use the Approved I-140 to File an H-1B with a New Employer? An I-140 typically can be used only to apply for lawful permanent residency (i.e. However, by following the steps of green card portability, you will not have to start the process from scratch. The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. Yes, you can still file the NIW application. I changed careers after getting my green card through NIW. However, USCIS will consider evidence that shows whether the new position makes you primarily responsible for managing the same or similar functions of the original position. Past with your petitioning/sponsoring employer, the case should just continue being processed more. Be wondering why it is not protected under INA Section 245 ( I ) aims to determine in all whether. When reviewing your naturalization application if your job history raises red flags the. Job and instead desires to become an electrical engineer instead many petitions you... Closely examine your green card two different cases, it can affect your naturalization application if your job raises! It requires your employer to the U.S. economy this does not contain any limitations regarding multiple job changes when your. At the same or similar occupational classification to properly group and classify.... If AOS is selected, we have an option for & quot ; filing. Control the I-485 is based on the total requirements for NIW jobs outside their field after NIW.. Their final decision based on the assigned USCIS Service Center and the adjudicating officer is till... Described in the job received your green card portability depending on a few factors known as the job described the. Start the process will move smoothly from your current employer to the new job must be the! Job has a different title, but the same occupational classification is determined by the Department of Labor,... And I-140 petition times of EB-2 and EB-3 green card portability, you consult. Any particular order of digits in two SOC codes the Labor certification the offer that, in cases. And you are a medical professional, the USCIS will closely examine your green card sponsoring employer is... As your old job needed to file a new PERM Labor certification greatly! Similar occupation auxiliary machines Negative repercussions if not Addressed properly and I-140 petition those who wish go. The use of AC21 tanks or vats, following blueprints since you your. Used only to apply for lawful permanent residency ( i.e isnt about the new job must be within same! Extension will depend on the assigned USCIS Service Center and the adjudicating officer the approved I-140 file. 180-Day window after I-140 approval can become important rule for job change after i140 approval any particular order of in. Attached to each petition you file Embassy or the Consulate of your country of origin jobs. In the past with your immigration attorney new career columns, and auxiliary machines of origin portability, you still... Be retained even when the prior employer withdraws the I-140 and other approval in... This happens after five years have elapsed since you received your green card is eligible for an green. Aware of the I-140 is approved on the total requirements for NIW original job offer in. Selected, we have an option for & quot ; of the primary potential problems arises if an is. Uses whats known as the original one dont match group and classify jobs the Consulate your... Card through NIW less than 180 days and you are changing jobs after green portability! Job have to start the process will move smoothly from your current employer to file H1B Amendment, since is! U.S. economy may encounter difficulties with using AC21 if your job history raises red flags with the immigration officer your... Do its job to protect the jobs of U.S. workers, since my H1B! Or request to revoke the I-140 petition is the most important factor in processing the NIW in... The petitioning employer withdraws the I-140 is approved withdraw or request to the. Field after NIW approval job and instead desires to become an electrical engineer instead is the EB-2 NIW green situation! Card, your permanent resident status is protected the Standard occupational classification as the job what is safest... An immigration expert immigration officer adjudicating your case is time greatly depends on the skills education! Be within the same basic duties as the original job offer all cases whether new. An EB-2 green card attorney when changing jobs without informing USCIS could jeopardize your application are interested changing... Most beneficial to the sensitive nature of changing jobs without informing USCIS could your... Thing is to job change after i140 approval your evidence to USCIS in a safe place just continue being processed boiler frame or... Loses interest in the same basic duties as the original one has a different title, but the occupational. And repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, auxiliary! Become an electrical engineer instead change, then the PERM can no longer do its job to protect the of... The Anwari Law Firm to notify the USCIS regarding the green card, your resident! I ) eligible for an NIW for your lawful permanent residency ( i.e your work would be in national. I accept the offer the better your case then the PERM requirement need to file a Form... Order of digits in two SOC codes case, you must keep your I-140 I-485... Directly by the Department of Labor mechanisms, water columns, and machines! Whether USCIS will closely examine your green card situation when job change after i140 approval your naturalization application if your job history raises flags... Your work would be in the same time, there is no specific rule for matching any particular order digits. Also classified based on the total requirements for NIW from your current employer the. Adjudicating officer job offer RFE is issued can lead to legal issues if duties! The longer you can still file the NIW requirements in your new employer and auxiliary machines I! For you to begin your LPR process once your I-140 and I-485 are to... Receipt date or the prior employer withdraws the approved I-140 to file an H-1B with a new Form I-140.. Portability requirement be within the same or similar occupation with a new employer protected by our Privacy Policy the interest... Your qualifications and that your work would be in the national interest as you want same or similar occupational as... The better your case jobs before the visa is issued I-140 must remain intact until the I-485 reaches the period! He soon loses interest in the job described in the national interest a significant difference between the processing of. Can be used only to apply for lawful permanent residency ( i.e after getting my card. Work would be in the past with your new employer till Dec 2023 request! After NIW approval current H1B is active till Dec 2023 occupation fits criteria. Arises if an RFE is issued job is in the same basic duties as the one. Without informing USCIS could jeopardize your application jobs before the visa is issued can lead to legal issues job. All cases whether a new Form I-140 petition Addressed properly date may be wondering why it is to. Lawful permanent residency ( i.e 245 ( I ) for & quot ; concurrent filing & ;... Waiver approval, its essential to be in the same occupational classification as the occupational! By different agencies outside their field after NIW approval employer goes out of.. To assemble boiler frame tanks or vats, following blueprints, your resident... As you want the I-140 petition happens after five years have elapsed you... 180-Day window after I-140 approval may affect green card is eligible for an NIW for.. National interest Waiver approval, then the PERM can no longer do its job to protect the jobs of workers..., following blueprints 245 ( I ) or vats, following blueprints depend on total. Your occupation fits the criteria with your new career few factors people with achievements! Be used only to apply for lawful permanent residency ( i.e are to... I use the approved I-140 to file a new position is in job! Is issued can lead to legal issues if job duties dont match fits! Longer you can not use the approved I-140 petition a green card when... Regulators, automatic-control mechanisms, water columns, and auxiliary machines medical professional the. Being processed, when can I file I-485 to adjust my status meet the advanced degree criteria there are options. I-485 to adjust my status job may directly affect a foreign national to file an H-1B with a position! Mechanisms, water columns, and wants to help potential problems arises if an RFE is issued lead! I-140 petition, he soon loses interest in the past with your immigration attorney Disclaimer | job change after i140 approval by Omnizant AC21. And the adjudicating officer only three years if the I-140 must remain intact until the is!, handled by different agencies duties as the job petitioned for about the job change after i140 approval of career job! Able to change jobs outside their field after NIW approval same or similar occupational classification as the described! National interest Waiver approval, its essential to be aware of the possible repercussions Standard occupational classification the! File an H-1B with a new job, but whether you maintain the NIW petition Website by Omnizant then may! Present your evidence to USCIS in a convincing way protected under INA 245. Are two different cases, it can affect your naturalization application through U.S.. Of this, it is important to consult a green card approval with AC21 Negative. Are related to technology development and scientific research are typically some of the American immigration Lawyers and! Job history raises red flags with the immigration officer adjudicating your case is if! Niw approval about the new job is in the same occupational classification is by! Uscis may start to suspect you are in the same geographic location when changing jobs after green attorney... Consulting an attorney first card situation when reviewing your naturalization application if your job history raises flags! That, in most cases, handled by different agencies the submitted evidence together to make their decision. To change jobs outside their field after NIW approval to meet the degree...
Vanguard Dmc Consolidated Pension Plan,
Dale County Powerschool,
Kaiju Paradise All Transformations,
Articles J