Citizenship & Immigration Service. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? AC21 is a law that does not have regulations implementing its provisions. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. a green card) with the petitioning employer. Please see the How Do I Request Premium . A non-managerial position is most likely portable. We have seen several cases of people who want to leave their current job to work in an entirely different field. The, PERM and NIW are two different cases, handled by different agencies. 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). 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. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. Where no I-485 application has been filed, priority date retention occurs when the new employer files a new PERM labor certification on behalf of the employee and requests that the previous priority date be honored at the time of filing a new I-140 petition. There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can still be accomplished even if an I-485 application has not yet been filed due to lack of available immigrant visas or green cards based on the employees country of birth, priority date, and preference category. No. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). Moving from one employer to another in the best of circumstances can be stressful. If youve recently been approved for an employment-based green card petition, you may be wondering whether your new job will affect the portability of your green card. The length of the extension will depend on the status of the I-140 petition. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. EB-1A and EB-5 green cards do not require a job offer. 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. 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. However, in certain cases, it is possible to change jobs after your I-140 has been approved. There could be a number of reasons USCIS denied your National Interest Waiver request, including: If your request is denied by the USCIS, you may be able to appeal the decision with help from your immigration representative. 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. 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. Q. There is confusion about what qualifies as a similar job in many instances. A job change, however, may not always disrupt the I-140 process. Looking for U.S. government information and services? 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. The team is friendly, professional, and wants to help. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. The AC21 was drafted to help lessen the stress and make the process smoother. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. After 180 days, you can change your employer or job. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) 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. This will help to ensure USCIS has the most accurate records of your case. For a foreign national who has an approved I-140, however, moving to a new employer or even just a new position with the same company can be absolutely nerve wracking. 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. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Next, you will need to plan the last step of the "green card process" (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140. 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. In our experience, yes. You could potentially save yourself years of waiting time. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. 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. Meeting the above requirements does not mean you have automatically ported from one green card to another. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. All Rights Reserved. Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. Established in Matter of Dhanasar, the three-pronged test requires the following: Your immigration attorney will help you highlight how your endeavor helps benefit the United States, how working conditions will be improved for U.S. workers, immediate and long-term benefits, etc. Do I Have to Notify USCIS of My Decision to Change Jobs? A green card is not guaranteed if you change jobs while your I-140 is pending. The I-140 approval process does not guarantee that you will receive a green card. An I-140 typically can be used only to apply for lawful permanent residency (i.e. . There are some rules regarding the green card portability and I-140 petition. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? 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. I have a pending EB-2 PERM filed by my employer. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. 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. This is where the 180-day window after I-140 approval can become important. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. Now, there is often no reason to revoke an I-140. AC21 does not require that one leave the sponsoring employer. Getting an EB-2 NIW is a delicate process. No. As an entrepreneur, doctor, or self-practicing engineer, you may not have an employer that can acquire a PERM on your behalf. Yes. 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. To qualify, you need to show that the job change reflects your normal career progression. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. 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. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Does the new job have to be in the same geographic location? USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. In any case, you should consult a green card attorney in these types of dilemmas. This can be done electronically using Form AR-11 . 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? The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. 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. The new position must match the original job description and SOC code listed in the I-140. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. However, the job description for a boilermaker is significantly different from that of stonemason: Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. To get in touch with one of VisaNation Law Groups lawyers, you can. Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. Another option is to ask your employer to file an H-1B on your behalf. 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. 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. 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 waiting time for certain countries demonstrates this difference. You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. 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. Leverage their experience for your case. The longer you can stay with your petitioning/sponsoring employer, the better your case is. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. There are no forms, applications, or petitions to file. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. 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. 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. For this, the I-140 must remain valid until the H1B petition approval. Citizenship and Immigration Services (USCIS) at any time. Your new position should be in the same or similar occupational classification. Our immigration attorneys are often asked a lot of questions about this topic. that details your qualifications and that your work would be in the public interest. Can My Employer Revoke My I-140 After USCIS Approved It? 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. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. 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. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. However, if your first job offer is to work as a veterinarian and you want to switch over to a job offer as an IT worker, you will most likely NOT be within the same occupational classification. 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. , 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. Who Benefits from the Amendment to INA Section 245(i)? 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