Direct cleaning of boilers and boiler furnaces. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. Advocacy is the most important factor in processing the NIW petition. Although the NIW requirements, as in the. The final stage is the adjustment-of-status application (form I-485) for one who is in the United States, or consular processing for one applying from abroad. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. 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. Citizenship & Immigration Service. This may grant you an extension beyond the maximum six-year period of stay. These changes include both raises and salary reductions. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. Your personal information is protected by our Privacy Policy. Depending on the circumstances, the USCIS may favor the new job over the former one. Your new position should be in the same or similar occupational classification. In this way, you can ensure a smooth transition to your new job. In my opinion it is a good thing. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. No. 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. Who is Eligible for Withholding of Removal? Q. I am afraid that, if I change my job, my employer will try to harm my green card case. What happens after my I-140 is approved? 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. This will help to ensure USCIS has the most accurate records of your case. 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. However, many people want to know if changing jobs after National Interest Waiver approval will affect their green card status in the U.S. Below we compiled answers to the most commonly asked questions: When your I-140, Immigrant Petition for Alien Worker, is approved, you can begin the process to apply for Lawful Permanent Residency in the U.S. At this point, it is the petitioners responsibility to initiate the process and not the employers. You must keep your I-140 and other approval notices in a safe place. 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. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. 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. 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. 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. The safe approach is to avoid this scenario by working for the sponsoring employer. You can find this information in the DOL Occupational Employment Statistics database. Q. If it is not, you must apply and start all over again. Will my change of career affect my naturalization application? If you are in the process of obtaining an NIW for your EB-2 green card, then changing your job may require that you file a new I-140 as well as a new application for your NIW. 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. . However, USCIS will not necessarily conclude that the two positions are the same or similar based solely on whether the wages are the same or not. 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. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. So, getting an EAD through I-485 likely remains your best option. How long it takes to get i-140 approved? 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. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. AC21 and Its Effect On Job Change After i140 Approval There are provisions in the law that help make changing your job easier after your initial green card approval. Many employers do not withdraw I-140s upon employment termination. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. Yes, you can still file the NIW application. 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). We have the tools and resources needed to help you find a solution. Virtually identical jobs may substantially vary in terms of pay. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. An approved I-140 is usually employer- and job-specific. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? USCIS will look closely at your green card situation when reviewing your citizenship application. 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 thats you, keep reading to find out more. Occupations are generally categorized based on the type of work performed. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Employment Immigration Attorney Located In Fairfax County. The term port or porting means to change the offer of employment from one job or employer to another job or employer in a way that allows an applicant to remain eligible for a Green Card without having a new Form I-140, Immigrant Petition for Alien Worker filed, for the applicant. This is true even if the I-140 has been approved for less than 180 days. 6066 Leesburg Pike, Ste. Getting an EB-2 NIW is a delicate process. There's got to be an easier way of dealing with this, because I'm sure many people have changed their employer after their i-140 approval. However, there is no specific rule for matching any particular order of digits in two SOC codes. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. No, it is not mandatory to have a Ph.D. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. After 180 days, you can change your employer or job. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. 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. 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. The new position must match the original job description and SOC code listed in the I-140. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. The new petition must reflect the latest achievements that now qualify you for the higher preference category. 703.348.8455, 6066 Leesburg Pike, Ste. 2023 Murthy Law Firm. This field is for validation purposes and should be left unchanged. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. 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. For this, the I-140 must remain valid until the H1B petition approval. You must have the same or similar occupation to be eligible for portability. Hire Us. 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 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. Looking for U.S. government information and services? This can be done electronically using Form AR-11 . The employment is of substantial merit and national importance, The petitioner is capable and qualified to advance this endeavor, It is a benefit in national scope to the U.S. and meets the labor certification criteria in EB-2 category, Lack of clarity on fulfilling the requirements. Can My Spouse Apply for H-4 EAD With the Approved I-140? The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. Official websites use .gov 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. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. You may still retain your priority date for an approved I-140. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. 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. What green cards bypass the labor certification process and allow me to self-petition? 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. What is the most important factor in proving NIW eligibility? Yes, you can still file the NIW application. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. Can I still use portability? Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. 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). Approved I-140 generally categorized based on the assigned USCIS Service Center and the adjudicating officer the latest that... Waiver ( NIW ) I-140 petitions received on or before August 1, 2021 higher category..., P.C., Houstons largest immigration law at Reddy & Neumann, P.C. Houstons! Depending on the circumstances, the I-140 has been a significant difference between the processing your... Navigate the green card case and SOC code listed in the June 2001 Guidance! There is no specific rule for matching any particular order of digits in two SOC codes NIW.! 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