For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. However, if your job offer is not in the same occupational classification as your current position, you will need to file for a new I-140 petition and PERM labor certification with the same broad occupational code. Moving from one employer to another in the best of circumstances can be stressful. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) If this is the case, youll need to seek legal advice and apply for a new green card. Your I-140 portability is the ability to retain the priority date for your EB-3 and port it to your EB-2 without restarting the process. Your new position should be in the same or similar occupational classification. 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. 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. However, by following the steps of green card portability, you will not have to start the process from scratch. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. This expectation has been reiterated in later guidance memoranda. 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. This applies even if the petitioning employer withdraws the approved I-140. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. The, PERM and NIW are two different cases, handled by different agencies. 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. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. 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. 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. Assist in testing assembled vessels. 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. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. The I-140 immigrant petition filed by the U.S. employer for an employee is the second major stage in a 3-step process for the employee / beneficiary to obtain a green card through a PERM labor certification case. What do I have to do? What are the Penalties for Form I-9 Violations? Unlike the H1-B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. EB-1A and EB-5 green cards do not require a job offer. 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. How long it takes to get i-140 approved? Share sensitive information only on official, secure websites. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. AC21 speaks in terms of the I-485 pending for 180-days or more. Can I Retain My Priority Date After I-140 Withdrawal? Can I use AC21 portability? The only issue is that it will require going through the H-1B process, and there may be a delay. USCIS officers will review the I-140 and compare the two job offers. 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 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. The USCIS, however, has mentioned that a great variation in salary or pay could indicate that the job duties are not similar and this could pose a potential problem in some cases. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. Before you can apply for green card portability, you must have an approved form I-140. that details your qualifications and that your work would be in the public interest. Citizenship and Immigration Services (USCIS) at any time. Also, the employer will be exposed to the possibility of an audit. 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. 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. The DOL categories are generally fairly broad. This is why you must be sure to do your due diligence and let your case strike the right balance. These changes include both raises and salary reductions. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. a green card) with the petitioning employer. 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. Although the NIW requirements, as in the. No. Looking for U.S. government information and services? Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. 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. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). 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. 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. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. If the USCIS receives the employers withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. Trackitt: Immigration on the App Store. What is Temporary Protected Status (TPS)? The process will move smoothly from your current employer to the new one. You may also file. 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 that case, you may be eligible to change from an EB-3 to EB-2 green card and expedite your green card application process via the portability rule. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. This will not disrupt your immigration process. There are no forms, applications, or petitions to file. The only implication is that there is a non-refundable fee attached to each petition you file. 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. 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 you are in the process of obtaining an NIW for your. 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. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. The value of such notifications has been confirmed over time. However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. Can I change employers after my NIW approval? When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. One of the primary potential problems arises if an RFE is issued. 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. However, there is no specific rule for matching any particular order of digits in two SOC codes. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. 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. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. 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. This is true even if the I-140 has been approved for less than 180 days. So, what are you waiting for? The National Interest Waiver is a way for EB-2 applicants (i.e. 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. 2. 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. What green cards bypass the labor certification process and allow me to self-petition? This field is for validation purposes and should be left unchanged. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. Do I Have to Notify USCIS of My Decision to Change Jobs? The Herman Legal Group has over 25 years of experience working with the U.S. When your I-140 petition is approved, your chances of approval based upon portability are better. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. The SOC system covers all occupations where work is performed for pay or for profit. A green card is not guaranteed if you change jobs while your I-140 is pending. The new job must be within the same occupational classification as the original one. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. 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. 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