In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. 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. What is the most important factor in proving NIW eligibility? Youre changing your position with your current employer. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. We have all learned a lot about AC21 since it became law in October 2000. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. 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. In this way, you can ensure a smooth transition to your new job. 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. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. 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. The portability of your green card may not always be possible. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. 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. 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. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. 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. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. 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 change employers after your NIW has been approved. as well as a new application for your NIW. The National Interest Waiver is a great way for entrepreneurs, doctors, engineers, and even accountants to bypass obstacles along the path to a green card. They use the Standard Occupational Classification (SOC) to group jobs/occupations. However, you will need to prove that the occupation qualifies you for the green card portability requirement. An approved I-140 is usually employer- and job-specific. First, the new job must be within the same company, not a different organization. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). On the bright side, by indicating on the new petition that you would like to retain the priority date of your original petition, you can avoid having to restart the priority date waiting time. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. Who Benefits from the Amendment to INA Section 245(i)? Do I need to inform USCIS if I change jobs? 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. Q. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. 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. You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. This can be done electronically using Form AR-11 . My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. What is Temporary Protected Status (TPS)? You may have gotten a promotion and now want to apply for a green card portability program. The only stipulation is that you must submit a new Form I-140 or labor certification application. 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. Q. Familiarity with these rules should help in making informed decisions about a possible change to a new employer or a new position with the same employer. 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. First, you must notify the USCIS if you have changed your employer. Our immigration attorneys are often asked a lot of questions about this topic. This field is for validation purposes and should be left unchanged. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. 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). 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. The longer you can stay with your petitioning/sponsoring employer, the better your case is. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. The approval of a green card is an exciting time for most immigrants. An I-140 typically can be used only to apply for lawful permanent residency (i.e. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. The team is friendly, professional, and wants to help. Citizenship and Immigration Services (USCIS) at any time. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. If you are in the process of obtaining an NIW for your. What are the Penalties for Form I-9 Violations? Microsoft MMLk51. The employer does not control the I-485 application, since this is filed directly by the foreign national. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. Changing jobs without informing USCIS could jeopardize your application. The best proof that a job offer is valid, however, is working for the sponsor. Get in touch with one of VisaNation Law Group's immigration attorneys today. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Looking for U.S. government information and services? A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. So, getting an EAD through I-485 likely remains your best option. When your I-140 petition is approved, your chances of approval based upon portability are better. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. No. This is a huge benefit to both you and the job market, as valuable workers have more mobility. Not everyone who applies for an EB-2 green card is eligible for an NIW. The Herman Legal Group has over 25 years of experience working with the U.S. The DOLs online occupational classification system helps the adjudicating officer make the determination. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. To qualify, you need to show that the job change reflects your normal career progression. Before you can apply for green card portability, you must have an approved form I-140. 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 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). Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? 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. In my opinion it is a good thing. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. 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