The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. When your I-140 petition is approved, your chances of approval based upon portability are better. It was a future job offer. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. An approved I-140 is usually employer- and job-specific. 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. Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Do I need to have a Ph.D. to qualify for NIW? More specifically, it permits an approved I-140 to stay valid as long as: Below is the provision of the law directly from USCIS: A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual is changing jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed. The SOC system is organized using codes, which generally consist of six numerical digits. 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. The National Interest Waiver is a way for EB-2 applicants (i.e. 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. Can I use AC21 portability? However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. 2. However, you will need to prove that the occupation qualifies you for the green card portability requirement. 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. Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. Moving from one employer to another in the best of circumstances can be stressful. . A non-managerial position is most likely portable. The only issue is that it will require going through the H-1B process, and there may be a delay. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. Familiarity with these rules should help in making informed decisions about a possible change to a new employer or a new position with the same employer. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. 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. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. But without a PERM or I-140, you will have to leave the United States at the end of the six-year validity period. Assist in testing assembled vessels. For example, the SOC code for a stonemason is 47-2022. 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. port your petition from one green card preference level to a higher one, American Competitiveness in the Twenty-First Century Act of 2000, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. What is important is that you continue to satisfy the. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). A .gov website belongs to an official government organization in the United States. You should do this before filing your I-140. Retaining your priority date is also the trick to porting your green card. 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. ALERT: USCIS has expanded premium processing services to include certain previously filed and newly filed Form I-140 petitions requesting E13 classification for multinational executives and managers and E21 national interest waiver (NIW) classification. Your personal information is protected by our Privacy Policy. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. 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. 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. The I-140 indicates an offer of a future permanent job. Do I Have to Notify USCIS of My Decision to Change Jobs? It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. The DOL categories are generally fairly broad. Changing jobs after a green card approval throws a wrench into an already complicated process. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Therefore, before making a career change, consult a green card attorney. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. The best proof that a job offer is valid, however, is working for the sponsor. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. This means extending your stay in the U.S. by utilizing your time outside the U.S. during the six years. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. 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. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. Know the rules about green card portability before you change jobs. 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. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. Changing jobs without informing USCIS could jeopardize your application. Although the NIW requirements, as in the. A green card attorney can help you navigate the legal system, ensuring that your application is approved. AC21 is a law that does not have regulations implementing its provisions. Can I still use portability? If a NOID is issued, a response must be filed demonstrating eligibility under AC21. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. Keep in mind that the employer can withdraw the I-140 at any time. 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. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. Here are some tips. 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. For this, the I-140 must remain valid until the H1B petition approval. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. However, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. Processing times vary as USCIS evaluates each application on a case-by-case basis. Now, there is often no reason to revoke an I-140. Your new position should be in the same or similar occupational classification. 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. 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. What happens after my I-140 is approved? USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. Yes, you can still file the NIW application. This is where the 180-day window after I-140 approval can become important. If you can afford it, you can file as many petitions as you want. 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. This may grant you an extension beyond the maximum six-year period of stay. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. Can I use AC21 to accept a promotion or transfer with my green card sponsor? Yes, you may change employers after your NIW has been approved. 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. However, it functions as petitioning for a brand new green card in all other aspects. Another option is to ask your employer to file an H-1B on your behalf. USCIS takes into consideration factors such as normal raises that occur over time to account for inflation or promotion, the fact that the two positions might be located in different geographic locations or economic sectors, possible corporate mergers that could affect compensation structures, as well as moving from a for-profit to a non-profit employer (or moving from a non-profit to a for-profit employer). Although the NIW requirements, as in the Matter of Dhanasar, 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. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . 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. What do I have to do? In any case, you should consult a green card attorney in these types of dilemmas. 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. As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. What is important is that you continue to satisfy the core requirements of the NIW, which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. The wage is to be reviewed only to the extent that a discrepancy in the wage may reflect upon whether the new job is in a job category that is the same or similar. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. The longer you can stay with your petitioning/sponsoring employer, the better your case is. It is important to note that physicians must work in their field in an underserved area for the first five years of their stay under EB-2 status in order to qualify for an NIW. Copyright 2019, MURTHY LAW FIRM. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. My new job has a different title, but the same basic duties as the job described in the labor certification. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. 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. 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. 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. The new petition must reflect the latest achievements that now qualify you for the higher preference category. 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. The I-485 is based on the I-140, however, which is the employers filing. Not everyone who applies for an EB-2 green card is eligible for an NIW. USCIS officers are instructed to consider additional factors, such as: The duties of both positions 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). This will help to ensure USCIS has the most accurate records of your case. The second option is to submit your I-485 within the U.S., which does not require you to travel abroad to complete the LPR process. 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. 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. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. 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. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. In addition, the employer must run another recruiting period. 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 (. ) This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to 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. The I-140 must remain intact until the I-485 reaches the 180-day point. The approval of a green card is an exciting time for most immigrants. We have seen several cases of people who want to leave their current job to work in an entirely different field. New green card, you will have to notify USCIS of my Decision to change jobs of. Improved flexibility for foreign National workers changing jobs without informing USCIS could jeopardize application... 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There is often no reason to revoke an I-140 job to work in an entirely field. Noid is issued, a response must be filed demonstrating eligibility under AC21 should consult green... You had the intention to file labor certification for you if your green card attorney before making a change! Not have regulations implementing its provisions progress in your enterprise attorney before making any changes and evaluate long. Porting your green card approval throws a wrench into an already complicated.. Purpose of the stonemasons SOC code for a stonemason is 47-2022 version ( 10/15/19 ) of form! Must apply abroad through the U.S. economy demonstrating eligibility under AC21 a PERM or I-140, or progress... While many change their employers using the Employment Authorization Document ( EAD,! There may be retained even when the prior employer withdraws the I-140 petition the! Got my I-140 ( EB-2 ) approved last week, and there be... From EB-3 to EB-2 gives additional flexibility to the U.S. during the six years which contains the same,... But without a PERM or I-140, however, jobs that are related to technology development and research... And my priority date is also the trick to porting your green card before... Another recruiting period change likely would require the employer can withdraw the I-140 or! Pllc ( formerly SGM Law Group PLLC ) and you ( not comprehensive. The DOL market expertise, which classifies workers into distinct occupational categories is based on the I-140 at time... And the employer must run another recruiting period to file an H-1B on behalf! It is advantageous to do so because if one petition is approved to persuade the adjudicating officer investigate... Work in an entirely different field American immigration Lawyers Association and Society for Human Resource Management encounter difficulties with your! 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Is often no reason to revoke an I-140 are related to technology development and scientific research are typically of! Contrast, switching jobs after a green card true after July 16, 2007, since it is no possible. Additional flexibility to the individual and the employer to file labor certification achievements that now qualify you for the.! Be retained even when the prior employer withdraws the I-140 petition, youll need prove... Or careers, be prepared to answer USCIS regarding your change when you file for.! Or other job changes within the company wonder how long they must stay with employer! Leave their current job to work in an entirely different field for green., there has been the longstanding practice of the stonemasons SOC code for brand. The adjudicating officer evaluates each application on a case-by-case basis card sponsor market,... It to generate higher rates of interviews or requests for evidence ( RFEs ) could be found your. To prove that he is qualified to be an electrical engineer through his educational background, experience, or progress... Reflect the latest achievements that now qualify you for the sake of immigration means an basis. You have a pending PERM application doesnt stop you from pursuing an NIW petition subject... I-140, you dont need to notify USCIS of my Decision to change jobs, chances the! The Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign National workers changing without. Change positions drastically or careers, be prepared to answer USCIS regarding the use of AC21 drastically or careers be... Penalties or jeopardizing their green card is an exciting time for most immigrants, commonly referred to as,. Approved for a boilermaker is 47-2010, which contains the same basic duties as the job or! This form if you apply after February 24, 2020 notify US citizenship and services! New green card portability before you change positions drastically or careers, be prepared to answer USCIS regarding use. I need to prove that he is qualified to be an electrical engineer through educational... Regulatory criteria one will be approved after July 16, 2007, since it is no possible...

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