So, what are you waiting for? The portability of your green card may not always be possible. 500, Falls Church, VA 22041, Deferred Action for Childhood Arrivals (for DREAMers), Effect of a Grant of Asylum or Withholding of Removal, I-601A, Application for Provisional Unlawful Presence Waiver, Minor Children Applying for Asylum by Themselves, Obtaining an Employment Authorization Document After an Asylum Application, Procedure for Filing for Asylum or Withholding of Removal, The Two Paths to Obtaining Asylum in the United States. AC21 does not require that one leave the sponsoring employer. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) Not if it is pending. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Answer 2. 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 new job is in the same or similar occupation. This will help to ensure USCIS has the most accurate records of your case. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. 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. 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. 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. 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. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. What are the risks? The approval of a green card is an exciting time for most immigrants. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. Generally, it is a good idea to wait until obtaining a green card before changing employers. Please see the How Do I Request Premium . The PERM and NIW are two different cases, handled by different agencies. The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. The process will move smoothly from your current employer to the new one. as well as a new application for your NIW. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. This will also involve attending the interview abroad. Occupations are generally categorized based on the type of work performed. Get in touch with one of VisaNation Law Group's immigration attorneys today. Therefore, before making a career change, consult a green card attorney. If your I-140 was approved at least 180 days or more (and obviously your I-485 has been pending for those 180 days), you can change jobs provided: You have an employment authorization document (EAD), as you will no longer be employed under your H-1B visa. They use the Standard Occupational Classification (SOC) to group jobs/occupations. received new job offers that meet the eligibility criteria for a higher preference green card category, have additional job experience that qualifies them for an EB-2, had an increase in job salary in relation to the increased complexity of their job duties. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. The SOC system is organized using codes, which generally consist of six numerical digits. Review our. Changing Jobs After National Interest Waiver Approval. 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. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Trackitt: Immigration on the App Store. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. This means the I-140 and the I-485 may be filed at the same time, or the I-140 may be filed first; the I-485 may be filed while the I-140 is still pending. The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation and his application for You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. 2023 Murthy Law Firm. This priority date determines where the employee stands in line for their green card. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. 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. Even if the petitioner withdrew the I-140, you could still use it for an EAD as long as USCIS has not revoked it for misrepresentation or fraud. 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. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. Yes, you can still file the NIW application. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. 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. We have seen several cases of people who want to leave their current job to work in an entirely different field. It is extremely difficult to replace an approval notice. 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. In addition, USCIS can grant your request to maintain the existing priority date for any other I-140 filed on your behalf. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. This is true even if the I-140 has been approved for less than 180 days. A change in employer or job may directly affect a foreign national employees ability to use the approved 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). If thats you, keep reading to find out more. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. But if you are not sure of this, it is recommended that you contact an immigration expert. If this is the case, youll need to seek legal advice and apply for a new green card. 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. Who is Eligible for Withholding of Removal? No. have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. Who is Prohibited from Asylum and Withholding of Removal? Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. The new petition must reflect the latest achievements that now qualify you for the higher preference category. Do I need to inform USCIS if I change jobs? You may still retain your priority date for an approved I-140. 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. 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. However, if USCIS discovers misrepresentation, fraud, or a material error on the approved I-140, it will revoke your petition, and your request to retain the priority date will not be granted. When your I-140 petition is approved, your chances of approval based upon portability are better. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. Family Immigration Attorney Located In Fairfax County, Rules Governing I-485 Portability to a New Employer under AC21, The Impact of Employment-Based Adjustment of Status Filing on H-1 or L-1 Status, Consular Processing vs. 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. 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. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. Will that work? This field is for validation purposes and should be left unchanged. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. Assist in testing assembled vessels. 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. In many situations, therefore, this does not present a significant problem. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. 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. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. USCIS uses a two-part evaluation method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. Can I change employers after my NIW approval? I-140, Immigrant Petition for Alien Workers. 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 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. together with your I-485. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. The longer you can stay with your petitioning/sponsoring employer, the better your case is. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? The new employer could file an H1B extension for an eligible individual, and the H1-B could be used to work on the new job. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. I have a pending EB-2 PERM filed by my employer. 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. No, it is not mandatory to have a Ph.D. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. The only issue is that it will require going through the H-1B process, and there may be a delay. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. AC-21 does not cover how changing jobs affects your ability to gain citizenship. First, you must notify the USCIS if you have changed your employer. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. Who Benefits from the Amendment to INA Section 245(i)? Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. After the PERM approval, the second stage is the I-140 petition filing, when the employer has to evidence the financial ability to pay the required wage for the position and that the employee meets all of the education and work experience requirements for the position. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. The employer can always withdraw or request to revoke the I-140 petition. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. Can I use AC21 to accept a promotion or transfer with my green card sponsor? FAQ in detail. 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. 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 beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . Will my change of career affect my naturalization application? Seesection 204(j) of the Immigration and Nationality Act (INA), which was enacted from section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), for more information. There are 2 options for you to begin your LPR process once your I-140 is approved. 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. Although the NIW requirements, as in the. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. 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. An employee beneficiary of an approved I-140 petition can retain this priority date for any subsequent filing in the event he or she changes employers after approval of the I-140 petition. You should do this before filing your I-140. No occupation will be assigned to more than one category with six digits. and schedule your comprehensive consultation today. The only stipulation is that you must submit a new Form I-140 or labor certification application. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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 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.