USCIS and DOL treat each petition individually, which means one can submit multiple petitions under various categories simultaneously and the decision on one petition will not affect the other. A new job must also be in the same occupational classification as the job petitioned for. In this way, you can ensure a smooth transition to your new job. A .gov website belongs to an official government organization in the United States. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. What happens after my I-140 is approved? The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. The only implication is that there is a non-refundable fee attached to each petition you file. Answer (1 of 2): Yes, you can. But if the stipulated 180 days have already passed, USCIS will not allow the employer to revoke the approved I-140 petition on account of the petitioners notice alone. Virtually identical jobs may substantially vary in terms of pay. 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. The DOL categories are generally fairly broad. 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. 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 value of such notifications has been confirmed over time. For example, if the withdrawal request came within 180 days of the I-140 petition approval, USCIS will allow the employer to revoke the I-140 petition even after approval. need to demonstrate that their work in the U.S. will be in the national interest. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. Included in our work on the case is a notification of the use of AC21, along with proof that the case qualifies under the AC21 requirements. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. And how do I continue to work lawfully while the petition is pending? After 180 days, you can change your employer or job. Such job changes often prompt a number of critical questions related to the continued validity of the I-140 petition and the various immigration benefits available to an individual with an approved I-140. 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. No. Will my change of career affect my naturalization application? We have handled many similar cases. The National Interest Waiver is a way for EB-2 applicants (i.e. 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. Thus, employers had a valid reason for revocation in some instances. Changing jobs after a green card approval throws a wrench into an already complicated process. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. There are some rules regarding the green card portability and I-140 petition. a green card) with the petitioning employer. Yes, that does, which means you may qualify for an EB-2 visa. An I-140 typically can be used only to apply for lawful permanent residency (i.e. The fee is $2,500. Trackitt: Immigration on the App Store. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. For example, the SOC code for a stonemason is 47-2022. As long as you follow certain rules, you can switch jobs while your I-140 is pending. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. 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. Our strategy for new clients with AC21 cases is to take over representation in the I-485 and act as the attorney for the remainder of the case. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. 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. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. They use the Standard Occupational Classification (SOC) to group jobs/occupations. You may have gotten a promotion and now want to apply for a green card portability program. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. The only implication is that there is a non-refundable fee attached to each petition you file. AC21 speaks in terms of the I-485 pending for 180-days or more. Seesection 204(j) of the Immigration and Nationality Act (INA), which was enacted from section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), for more information. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. Meeting the above requirements does not mean you have automatically ported from one green card to another. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. Q. I never worked for my green card sponsoring employer. 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. Retaining your priority date is also the trick to porting your green card. So, getting an EAD through I-485 likely remains your best option. We find that, in most cases, it is the safest approach. For example, the SOC code for a stonemason is 47-2022. Although the NIW requirements, as in the. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. Our immigration attorneys are often asked a lot of questions about this topic. This is a simple application to adjust your status based on the green card petition you filed. 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. . 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. Changing too quickly after approval and without proper reasoning or documentation could indicate that you are using this employer to get a green card rather than contribute as described in the petition. 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.. 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. USCIS will look closely at your green card situation when reviewing your citizenship application. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. The most important thing is to present your evidence to USCIS in a convincing way. Advocacy is the most important factor in processing the NIW petition. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Contact us now for the best immigration services and get the ultimate peace of mind. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. This will not disrupt your immigration process. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. What do I have to do? This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. There are no forms, applications, or petitions to file. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. If this is the case, youll need to seek legal advice and apply for a new green card. Therefore, they would not be able to change jobs outside their field after NIW approval. How Do I, the Employer, Examine Documents? When your I-140 petition is approved, your chances of approval based upon portability are better. Some employers may experience the loss of valuable employees; other employers, perhaps offering better employment terms and conditions, may find that they are able to hire needed foreign workers without having to sponsor their green cards. Another option is to ask your employer to file an H-1B on your behalf. How Long Do I Need to Stay With My Employer After Green Card Approval? The I-140 indicates an offer of a future permanent job. Can My Spouse Apply for H-4 EAD With the Approved I-140? What are the Penalties for Form I-9 Violations? 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. Your personal information is protected by our Privacy Policy. Unlike the H1-B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. A non-managerial position is most likely portable. You can contact an immigration attorney or employment law firm to find out the best course of action for you. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. The AC21 law uses the terminology same or similar job classification. 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