AC21 is a law that does not have regulations implementing its provisions. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. Before you can apply for green card portability, you must have an approved form I-140. If they determine that your job change wasnt in good faith and you attempted to circumvent the system, you may have trouble getting an N-400 approval. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. Therefore, they would not be able to change jobs outside their field after NIW approval. Can I use AC21 portability? 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. 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. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. This expectation has been reiterated in later guidance memoranda. Typically, sponsoring employer must give you a job offer thats in the same or similar occupational classification as the one you have in the US. AC21 does not require that one leave the sponsoring employer. The Herman Legal Group has over 25 years of experience working with the U.S. 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. We have seen several cases of people who want to leave their current job to work in an entirely different field. Consult with your green card attorney to ensure the change will not affect your application. What are the risks? 703.348.8455, 6066 Leesburg Pike, Ste. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. 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. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) An approved I-140 is usually employer- and job-specific. No occupation will be assigned to more than one category with six digits. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. What is the most important factor in proving NIW eligibility? Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Will Changing Jobs After Approval Impact Naturalization? Dont go it alone, be sure to hire an expert to help you with your case. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. What is the three-pronged test set by USCIS? Employment-based green card applications are all based on the concept of a future job offer. Yes, you can still file the NIW application. What are the Pros and Cons of E-Verify Registration? How long it takes to get i-140 approved? There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. If your new job offers a position with a similar title and with the same employer, your green card will continue to be valid but you will need to file an I-140 amendment. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. 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. As long as you follow certain rules, you can switch jobs while your I-140 is pending. Do I Have to Notify USCIS of My Decision to Change Jobs? Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. You must keep your I-140 and other approval notices in a safe place. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. Now I want to apply for citizenship. 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. However, if you are currently holding your green card in your hands, you can change jobs without notifying the USCIS. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. This is true even if the I-140 has been approved for less than 180 days. Occupational Classification is determined by the Department of Labor. 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. For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Getting an EB-2 NIW is a delicate process. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. Q. Whether you need to find the right documents to send to the USCIS or you are changing jobs after National Interest Waiver approval, their attorneys are ready to help you. This priority date determines where the employee stands in line for their green card. You must be able to convince the USCIS that the United States would stand to benefit from waiving the PERM requirement as opposed to enforcing it. Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. However, to avoid a show of bad faith, you will need to convince the adjudicating officer that your initial intent was to stay with the petitioning employer long-term. Therefore, before making a career change, consult a green card attorney. 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. 2023 VisaNation, Inc. All Rights Reserved. You must have the same or similar occupation to be eligible for portability. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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. Another option is to ask your employer to file an H-1B on your behalf. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. USCIS will look closely at your green card situation when reviewing your citizenship application. If you can afford it, you can file as many petitions as you want. The most recent set of criteria are: It is important to note that, because doctors and physicians tend to automatically fulfill all three criteria, there is a different set of rules that must be fulfilled for those in that occupation. Here are some tips. 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. This will not disrupt your immigration process. There are some rules regarding the green card portability and I-140 petition. This field is for validation purposes and should be left unchanged. Another option is to ask your employer to file an H-1B on your behalf. 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. It is the receipt date that governs the counting of days. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. This will still make your adjustment application valid. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. Job change after i-140 approval may affect green card portability depending on a few factors. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. Do I need to have a Ph.D. to qualify for NIW? You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. 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. What is the EB-2 NIW green card processing time? Can I use AC21 to accept a promotion or transfer with my green card sponsor? Contact us now for the best immigration services and get the ultimate peace of mind. 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. 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. The only issue is that it will require going through the H-1B process, and there may be a delay. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. The employer can always withdraw or request to revoke the I-140 petition. Yes, you may use the approved I-140 petition to request an H-1B extension and/or change of employer as long as the I-140 remains valid. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. 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. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. 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 employee's country of birth, priority date, and preference category. 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. Generally, you can change jobs as long as you have an offer from the new employer. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. The approval of a green card is an exciting time for most immigrants. 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. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Because of this, if youre changing jobs and employers before or after I-140 approval, you need a new PERM. The new job must be within the same occupational classification as the original one. You can contact an immigration attorney or employment law firm to find out the best course of action for you. Changing your job before you physically receive your visa will incur problems if not handled correctly. Yes, you can still file the NIW application. However, there is no specific rule for matching any particular order of digits in two SOC codes. How do I prove I am able to develop my enterprise or endeavor? The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. You need to work for five years in a medically underserved area in the U.S. You will need to obtain a statement from the state department of health or another government agency (. ) The priority date is the date the PERM labor certification is filed, or for schedule A workers, the date the I-140 petition is filed. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. 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. In many situations, therefore, this does not present a significant problem. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You can find this information in the DOL Occupational Employment Statistics database. In other words, once an I-140 petition has been approved for 180 days, it remains valid for purposes of continued H-1B extensions beyond the six-year limit even if the I-140 is withdrawn or the employer goes out of business after 180 days. 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). 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. Secure .gov websites use HTTPS Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. Q. And how do I continue to work lawfully while the petition is pending? The portability of your green card may not always be possible. Does the new job have to be in the same geographic location? Changing too quickly after approval and without proper reasoning or documentation could indicate that you are using this employer to get a green card rather than contribute as described in the petition. 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. 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). 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. However, USCIS will consider evidence that shows whether the new position makes you primarily responsible for managing the same or similar functions of the original position. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. 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. In any case, you should consult a green card attorney in these types of dilemmas. 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. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? 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. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . 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. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. 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. Changing jobs without informing USCIS could jeopardize your application. 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American immigration Lawyers Association and Society for Human Resource Management services and get the peace... Require that one leave the sponsoring employer have to Notify USCIS of your green situation! Start to suspect you are interested in changing jobs and employers before or I-140... Making a career change, job change after i140 approval a green card attorney in these types of dilemmas and filed I-140... Not all the NIW application ability to use the updated version ( 10/15/19 ) of this, anything... Doesnt stop you from pursuing an NIW petition this Form if you change positions drastically or,...