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. In fact, many successful NIW applicants apply without a Ph.D. VisaNation Law Group has helped many of their clients process and acquire their NIW green cards without a Ph.D. As long as you follow certain rules, you can switch jobs while your I-140 is pending. Who Benefits from the Amendment to INA Section 245(i)? Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. The waiting time for certain countries demonstrates this difference. Leverage their experience for your case. No, it is not mandatory to have a Ph.D. Can I still use portability? 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 DOL categories are generally fairly broad. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. . Virtually identical jobs may substantially vary in terms of pay. For example, getting your green card, changing jobs (or changing jobs before obtaining the green card) within 180 days, then filing the N-400 once your five years of permanent residence are expired might be problematic. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. 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. Please see the How Do I Request Premium . Our strategy for new clients with AC21 cases is to take over representation in the I-485 and act as the attorney for the remainder of the case. All Rights Reserved. The only issue is that it will require going through the H-1B process, and there may be a delay. 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. A green card is not guaranteed if you change jobs while your I-140 is pending. Can I Use the Approved I-140 to File an H-1B with a New Employer? If this is the route that you wish to take, it is highly recommended that you work very closely alongside an immigration attorney to make sure that your case is waterproof. 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. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. 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. Who is Not Protected under INA Section 245(i)? However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. 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). In our experience, yes. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. The only implication is that there is a non-refundable fee attached to each petition you file. How do I prove I am able to develop my enterprise or endeavor? Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. 1. 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. 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 If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. USCIS officers will review the I-140 and compare the two job offers. AC21 does not require that one leave the sponsoring employer. 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 length of the extension will depend on the status of the I-140 petition. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. If you are an employee hoping to use AC21 to change jobs, or you are an employer hoping to hire someone with a pending employment-based green card application, Yekrangi & Associates is ready to assist. The approval of a green card is an exciting time for most immigrants. 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. Know the rules about green card portability before you change jobs. The initial guidance makes reference to an expectation that the USCIS be notified. Share sensitive information only on official, secure websites. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Dont go it alone, be sure to hire an expert to help you with your case. After 180 days, you can change your employer or job. Permanent for the sake of immigration means an indefinite basis. Moreover, the law suggests the employee intends to remain at the job indefinitely at the point of approval. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. Therefore, they would not be able to change jobs outside their field after NIW approval. 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. Secure .gov websites use HTTPS Your PERM is for a distinct position for a specific employer in a particular geographic location. 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. 6066 Leesburg Pike, Ste. 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. Who is Prohibited from Asylum and Withholding of Removal? EB-1A and EB-5 green cards do not require a job offer. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. There arent particular types of work that are automatically considered to be in the national interest. 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. How Long Do I Need to Stay With My Employer After Green Card Approval? Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. Generally, it is a good idea to wait until obtaining a green card before changing employers. Your personal information is protected by our Privacy Policy. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. The I-485 is based on the I-140, however, which is the employers filing. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. What is important is that you continue to satisfy the. 703.348.8455, 6066 Leesburg Pike, Ste. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. For example, the SOC code for a stonemason is 47-2022. 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). However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. The, PERM and NIW are two different cases, handled by different agencies. 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. FYI Once I-140 is approved from current employer wait till 6 months after approval date and then you can plan to move to different company or stay if you want in your current company.After 6 months even if the company revokes it there is no effect to you and you can use that approval to extend your h1b visa in future. 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. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence, Changing Employers on H-1B After I-140 Approval. Moreover, a job change may affect your N-400. After all, changing jobs is a common problem for immigrants, and we understand how to make your case compelling and help you obtain the green card you deserve. If, however, the USCIS revoked the I-140 petition due to fraud, misrepresentation, or a material error in the approval, the USCIS will not honor the request for priority date retention. The value of such notifications has been confirmed over time. Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. Some employers may experience the loss of valuable employees; other employers, perhaps offering better employment terms and conditions, may find that they are able to hire needed foreign workers without having to sponsor their green cards. Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. No. 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. 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. 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. If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. But you will get only three years if the I-140 is approved. Before you can apply for green card portability, you must have an approved form I-140. Your new position should be in the same or similar occupational classification. 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