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. Because of this, if youre changing jobs and employers before or after I-140 approval, you need a new PERM. 2. The most recent set of criteria are: You must show that your enterprise will have a positive impact on the U.S. economy, workforce, society, or infrastructure. 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. You should do this before filing your I-140. 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. 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. 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. Meeting the above requirements does not mean you have automatically ported from one green card to another. However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. Employment-based green card applications are all based on the concept of a future job offer. 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. Also, the employer will be exposed to the possibility of an audit. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. Can I change employers after my NIW approval? |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. You can contact an immigration attorney or employment law firm to find out the best course of action for you. 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. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. The portability of your green card may not always be possible. 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. Dont go it alone, be sure to hire an expert to help you with your case. 1. 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. 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. This is a simple application to adjust your status based on the green card petition you filed. We have the tools and resources needed to help you find a solution. A job change, however, may not always disrupt the I-140 process. To qualify, you need to show that the job change reflects your normal career progression. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. The I-140 indicates an offer of a future permanent job. The waiting time for certain countries demonstrates this difference. 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. The DOL categories are generally fairly broad. The employer does not control the I-485 application, since this is filed directly by the foreign national. 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. Not everyone who applies for an EB-2 green card is eligible for an NIW. If this is the case, youll need to seek legal advice and apply for a new green card. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. Consult with your green card attorney to ensure the change will not affect your application. The AC21 law uses the terminology same or similar job classification. The Legacy INS June 2001 guidance refers us to the U.S. Department of Labor system of occupational classification as a guideline. As discussed above, if the petitioning employer withdraws the I-140 within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law. Yes, you may change employers after your NIW has been approved. It was a future job offer. Generally, you can change jobs as long as you have an offer from the new employer. A new job must also be in the same occupational classification as the job petitioned for. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. The new employer could file an H1B extension for an eligible individual, and the H1-B could be used to work on the new job. The best proof that a job offer is valid, however, is working for the sponsor. 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). Do I need to have a Ph.D. to qualify for NIW? Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. No. You may also file. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. 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. 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. What do I have to do? Copyright 2019, MURTHY LAW FIRM. What is USCIS two-part evaluation for an NIW petition? Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. Many employers do not withdraw I-140s upon employment termination. You must keep your I-140 and other approval notices in a safe place. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Assuming you and your employer both intended to honor the conditions/terms on the I-140 when filing your I-485, you should be fine. 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. Can I still use portability? The new job must be associated with the previous position, and its duties must be similar. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. 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. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. Trackitt PermPerm processing time for 2022. 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. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. Can I Retain My Priority Date After I-140 Withdrawal? Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. Next, you will need to plan the last step of the "green card process" (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. As noted above, once the I-140 is approved, the USCIS will grant a request for priority date retention for any other I-140 petition filed on behalf of the same beneficiary. An I-140 typically can be used only to apply for lawful permanent residency (i.e. The AC21 was drafted to help lessen the stress and make the process smoother. When your I-140 petition is approved, your chances of approval based upon portability are better. , 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. First, you must notify the USCIS if you have changed your employer. Can I use AC21 portability? 703.348.8448 | Fax. The stress and make the process can be used only to apply for a new PERM, your of! 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job change after i140 approval