All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. Yes, you may change employers after your NIW has been approved. This is often possible even after the expiration of the individuals 6-year H1B period, since, under a USCIS opinion letter, the law permits extensions beyond the 6-year limitation with employer B based on a qualifying green card case previously filed with employer A.. This is a simple application to adjust your status based on the green card petition you filed. 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. There are some key concerns in this situation. 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). a "green card") with the petitioning employer. 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. Looking for U.S. government information and services? Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. The portability of your green card may not always be possible. Advocacy is the most important factor in processing the NIW petition. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. FAQ in detail. 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. 2023 VisaNation, Inc. All Rights Reserved. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. If thats you, keep reading to find out more. 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. 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. If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve your Form I-140 before we may approve your portability request. 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. Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. The process will move smoothly from your current employer to the new one. 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. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. How do I prove I am able to develop my enterprise or endeavor? These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? All Rights Reserved. Moving from one employer to another in the best of circumstances can be stressful. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. 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. However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. However, in certain cases, it is possible to change jobs after your I-140 has been approved. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. |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. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. . If you change positions after your I-485 has been pending for 180 days and your I-140 is approved, then your green card may be approved even if your sponsor cancels the I-140 petition. There are some rules regarding the green card portability and I-140 petition. and schedule your comprehensive consultation today. Don't hesitate to contact us at (949) 478-4963 today. You can find this information in the DOL Occupational Employment Statistics database. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. In any case, you should consult a green card attorney in these types of dilemmas. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. This applies even if the petitioning employer withdraws the approved I-140. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. You can switch to any career of your choice as long as you can provide convincing evidence to prove that what you are doing is benefiting the U.S. economy or general well-being. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Know the rules about green card portability before you change jobs. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). . Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. I have a bachelors degree and over five years of experience in the field. Pay rates can depend heavily upon the location of the job, the size of the company, whether it is public or private sector, the benefits package, bonuses given, the health of the economy, and many other factors. 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. The, PERM and NIW are two different cases, handled by different agencies. You may still retain your priority date for an approved I-140. However, that does not mean the new job must be in either of those career paths. The National Interest Waiver is a great way for entrepreneurs, doctors, engineers, and even accountants to bypass obstacles along the path to a green card. This is where the 180-day window after I-140 approval can become important. Virtually identical jobs may substantially vary in terms of pay. Changing jobs without informing USCIS could jeopardize your application. In addition, USCIS can grant your request to maintain the existing priority date for any other I-140 filed on your behalf. Home > Blog > Employment Based Immigration. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. 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. USCIS officers may compare factors including, but not limited to: USCIS officers will consider the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes and make our determination based upon a preponderance of the evidence. Job change after I-140 approval. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. 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. 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. If it is not, you must apply and start all over again. 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. To develop My enterprise or endeavor USCIS can grant your request to maintain the existing priority date for other. And qualifications of experience in the field the process can be stressful, that does not mean. 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