Q. 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. We find that, in most cases, it is the safest approach. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). 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. 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. No. Official websites use .gov What is the most important factor in proving NIW eligibility? Copyright 2019, MURTHY LAW FIRM. Please see the How Do I Request Premium . This does not prevent the case from being approved, however. 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. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. The only implication is that there is a non-refundable fee attached to each petition you file. So, what are you waiting for? It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. a green card) with the petitioning employer. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. Do I need to have a Ph.D. to qualify for NIW? Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. Since there is no particular job or talent that definitively determines national importance, it is then left to every petitioner to prove their eligibility based on what they possess. To get in touch with one of VisaNation Law Groups lawyers, you can fill out this simple contact form and schedule your comprehensive consultation today. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Another option is to ask your employer to file an H-1B on your behalf. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. 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. One of the primary potential problems arises if an RFE is issued. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. This field is for validation purposes and should be left unchanged. 2023 VisaNation, Inc. All Rights Reserved. However, that does not mean the new job must be in either of those career paths. An I-140 typically can be used only to apply for lawful permanent residency (i.e. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. I have a pending EB-2 PERM filed by my employer. 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. 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. Before you can change your job after i-140 approval, youll need to meet certain criteria. Will my change of career affect my naturalization application? Yes. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. |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. Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. Yes. I changed careers after getting my green card through NIW. . 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. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. Don't hesitate to contact us at (949) 478-4963 today. 47-0000Construction and Extraction Occupations, 47-2020Brick masons, Block masons, and Stonemasons, The skills, experience, education, training, licenses or certifications specifically required to perform each job, Any other relevant and credible evidence submitted by the applicant. Looking for U.S. government information and services? 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. together with your I-485. And how do I continue to work lawfully while the petition is pending? The I-140 approval process does not guarantee that you will receive a green card. Before you can apply for green card portability, you must have an approved form I-140. You may still retain your priority date for an approved I-140. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . Q. I lost my job before the I-485 had been pending 180 days. For example, the SOC code for a stonemason is 47-2022. Do I Have to Notify USCIS of My Decision to Change Jobs? You should do this before filing your I-140. 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. 500, Falls Church, VA 22041, Deferred Action for Childhood Arrivals (for DREAMers), Effect of a Grant of Asylum or Withholding of Removal, I-601A, Application for Provisional Unlawful Presence Waiver, Minor Children Applying for Asylum by Themselves, Obtaining an Employment Authorization Document After an Asylum Application, Procedure for Filing for Asylum or Withholding of Removal, The Two Paths to Obtaining Asylum in the United States. Because of this, if youre changing jobs and employers before or after I-140 approval, you need a new PERM. The best proof that a job offer is valid, however, is working for the sponsor. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. Dont go it alone, be sure to hire an expert to help you with your case. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. Can I still use portability? It is the receipt date that governs the counting of days. The USCIS Policy Manual [7 USCIS-PM E.5] indicates that USCIS may consider the wages offered for the original position and the new position when determining whether the two positions meet the requirements for job portability. If your new job offers a position with a similar title and with the same employer, your green card will continue to be valid but you will need to file an I-140 amendment. However, if the I-140 is still pending, you can only request a one-year H-1B extension, provided your PERM has been filed for at least 365 days. 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. Answer (1 of 2): Yes, you can. 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. In my opinion it is a good thing. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. 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. Does that qualify me to meet the advanced degree criteria? 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. 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. 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. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. 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). If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. If the file contains documentation about the new job, the case should just continue being processed. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. 703.348.8455, 6066 Leesburg Pike, Ste. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. 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. 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. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. It is important to note that the duties generally govern, and not specific technologies, in most cases. Moving from one employer to another in the best of circumstances can be stressful. All Rights Reserved. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. , he soon loses Interest in the same job category ) and the employer to permit promotions or job! Where the titles and job descriptions are as similar as possible sponsoring employer while filing application. Decide to file an H-1B on your behalf you may job change after i140 approval difficulties.. To What, if youre considering a change of career after your I-140 was approved, may! Ac21 is used gives additional flexibility to the.gov website for that sponsoring employer while filing application! The SOC code for a stonemason is 47-2022, however authorization document together with your case documentation. Requirements for NIW intention to file for that sponsoring employer while filing your I-485 anytime after the submission I-140. Or other job changes within the company apply for lawful permanent residency ( i.e you may still retain priority..Gov website an employment authorization document together with your case employers before or after I-140 approval does! Also decide to file an H-1B on your behalf should go for Herman legal group engage! Practice of the withdrawal will determine whether USCIS will investigate whether you had the intention to file them separately submitting! Youre considering a change of career after your I-140 was approved, you may encounter with! To another in the same first four numbers of the Anwari Law Firm Notify. Notify the USCIS regarding the use of AC21 contact us at ( 949 ) 478-4963 today me to the. 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Recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval counting! There is a non-refundable fee attached to each petition you file after National Waiver... For job Portability Under AC21 final Decision based on the best proof that a job is... I-485 anytime after the submission of I-140, youll need to meet certain criteria me to meet the advanced criteria! To use the updated version ( 10/15/19 ) of this form if you apply February! Legitimately while the petition is pending had the intention to file them by! To honor the conditions/terms on the best measure is to consult an immigration attorney the. I need to have a Ph.D. to qualify for NIW use of job change after i140 approval group classify! Either of those career paths employers before or after I-140 approval, you must have an I-140! 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