Who is Prohibited from Asylum and Withholding of Removal? 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. To continue working legitimately while the petition is pending, you may file Form I-765 for an employment authorization document together with your I-485. Moreover, a job change may affect your N-400. If you are planning to switch jobs after youve received your green card approval, you should understand how a job change could affect your application. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. 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. In many situations, therefore, this does not present a significant problem. Will Changing Jobs After Approval Impact Naturalization? Your personal information is protected by our Privacy Policy. You could potentially save yourself years of waiting time. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. Q. Consult with your green card attorney to ensure the change will not affect your application. 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. 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 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. 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. 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. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. Can I use AC21 portability? 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. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. 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. This field is for validation purposes and should be left unchanged. Contact us now for the best immigration services and get the ultimate peace of mind. How Do I Prevent Discrimination as an Employer? If you are in the process of obtaining an NIW for your. Therefore, before making a career change, consult a green card attorney. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. Assist in testing assembled vessels. After the PERM approval, the second stage is the I-140 petition filing, when the employer has to evidence the financial ability to pay the required wage for the position and that the employee meets all of the education and work experience requirements for the position. Can My Spouse Apply for H-4 EAD With the Approved I-140? However, by following the steps of green card portability, you will not have to start the process from scratch. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case. 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 youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. Yes, you can still file the NIW application. that details your qualifications and that your work would be in the public interest. You must also keep in mind that the period starts right from the receipt date of I-485. This expectation has been reiterated in later guidance memoranda. 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. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. If thats you, keep reading to find out more. Leverage their experience for your case. Yes, you may change employers after your NIW has been approved. 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. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. It is important to note that the duties generally govern, and not specific technologies, in most cases. Answer 2. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. This can be done electronically using Form AR-11 . An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. The National Interest Waiver is a way for EB-2 applicants (i.e. There have been USCIS memos clarifying many details, as well as many cases through which we have gained valuable insight into the USCISs interpretations and applications of AC21. All Rights Reserved. The new petition must reflect the latest achievements that now qualify you for the higher preference category. 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. 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. 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. If the H-1B transfer petition seeks to extend the employees H-1B status beyond the six-year limit, the I-140 approval must not be withdrawn, or if it has been withdrawn, the withdrawal must have occurred more than 180 days after the I-140 was approved. The new job must be associated with the previous position, and its duties must be similar. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. What is Temporary Protected Status (TPS)? A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. In our experience, yes. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. Can My Employer Revoke My I-140 After USCIS Approved It? But you will get only three years if the I-140 is approved. This can be the same or different job then you are doing now. 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. Now I want to apply for citizenship. They use the Standard Occupational Classification (SOC) to group jobs/occupations. There are 2 options for you to begin your LPR process once your I-140 is approved. If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. If you can prove that your new career is of national importance and you have consistently advanced your chosen endeavor, you shouldnt have a problem regarding that during your citizenship application. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? 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. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. You may also file Form I-131 together with your I-485 to get advance parole, which serves as your valid travel document while the I-485 is pending. 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. Citizenship and Immigration Services (USCIS) at any time. 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. . To qualify, you need to show that the job change reflects your normal career progression. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. You must keep your I-140 and other approval notices in a safe place. Associated with the previous position, and its duties must be associated with the previous position, not... Now for the best immigration services ( USCIS ) at any time received USCIS approval and filed I-140... Occupational data and classify workers into distinct occupational categories of I-485 is Feb.! The years, there have been people with lesser achievements whose petitions were because! 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