At Green Evans-Schroeder, we understand that your career cannot always be put on hold for years while waiting for immigration processing. Protecting your professional future while securing your green card is a delicate balance, and we are here to provide the guidance you need.
Key Stages of the Green Card Process
The employment-based green card process generally consists of three main stages. A job change affects each stage differently.
- Stage 1: PERM Labor Certification: Your employer proves to the Department of Labor that there are no qualified U.S. workers for your position.
- Stage 2: Form I-140, Immigrant Petition: Your employer files this petition with USCIS to classify you as eligible for an employment-based green card.
- Stage 3: Form I-485, Adjustment of Status: This is your personal application for the green card.
Impact of Switching Employers at Each Stage
The consequences of changing jobs are most severe in the early stages of the process.
- During the PERM Stage: If you leave your sponsoring employer while the PERM application is pending or after it is approved but before the I-140 is filed, the process generally must start over from the beginning with your new employer. The PERM is tied to a specific employer, job, and location.
- After the I-140 is Approved: If your I-140 has been approved, you gain some important protections. Your "priority date" becomes locked in, which determines your place in the visa line. However, if you leave your employer before filing your I-485 or before it has been pending for 180 days, your new employer will likely need to file a new PERM and I-140 on your behalf, though you can retain your original priority date.
- After the I-485 Has Been Pending for 180 Days: This is the most flexible point. Under the American Competitiveness in the Twenty-first Century Act (AC21), you can "port" your green card application to a new employer.
Necessary Steps for a Smooth Transition
If you are eligible to change jobs under AC21 portability, you must take specific steps to protect your application.
- Ensure the New Job is "Same or Similar": The new position must be in the same or a similar occupational classification as the one described in your original PERM application.
- File Form I-485 Supplement J: You and your new employer must complete and submit this form to USCIS to notify them of the job change and confirm the new offer is legitimate and meets the portability requirements.
- Consult an Attorney: Before you resign from your current position, it is crucial to consult with an immigration lawyer. An attorney can confirm your eligibility to port your application, review the new job offer to ensure it qualifies, and help you prepare the necessary documentation to avoid any missteps that could lead to a denial.
Your career ambitions and your immigration goals are both vital to your future. With careful planning and legal support, you can pursue new opportunities without sacrificing the progress you have made toward permanent residency. Contact Green Evans-Schroeder today to discuss your options and secure a successful career move.
