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Can I Change Job After I-485 Approval? Understanding Your Options with EB1A Job Change

Can I Change Job After I-485 Approval? Understanding Your Options with EB1A Job Change
Photo by Sigmund / Unsplash

A question I often get asked is: “Can I change jobs after my EB-1A petition has been approved?”

First off, congratulations! If your EB-1A petition is approved, that’s a significant milestone on your path to a green card. However, the ability to change jobs after this approval isn’t a simple yes or no answer. It depends on several critical factors, primarily where you are in the overall green card process, who sponsored your petition, and your current nonimmigrant status.

When considering job portability, it is important to note that USCIS determines whether the new job involves the same or similar functions as the original position. The respective jobs must be in the same or similar occupational classification, referencing the importance of standard occupational classification codes to establish eligibility for portability.

If you are considering career progression or new job opportunities, job transition—including lateral movement or moving to a different geographic location—is possible as long as the new job meets the criteria for similar occupational classifications.

A key requirement for a bona fide job offer is that such evidence as job descriptions, certifications specifically required, and SOC codes should be provided to demonstrate that the jobs share essential qualities and are in related positions.

When providing credible evidence, alternative resources, such as the DOL's SOC system, can be used to support the claim that the new job is in a similar occupational classification. Distinct occupational categories are defined by the SOC system, and classification as the job is based on job duties, skills, and occupational codes.

Let’s break down the different scenarios you might encounter.

In summary, such applicants who change employers or pursue self employment must notify USCIS and provide evidence favorably demonstrating that the new position is a qualifying new job offer in a relevant position, and that they remain primarily responsible for similar functions. The status process for employment-based adjustment allows for job transition, but the new job must be with the same employer or in a related position, and the immigration process requires careful documentation.

Form I-140 and Job Portability: What You Need to Know

The American Competitiveness in the Twenty-First Century Act (AC21) revolutionized the green card process for employment-based applicants by introducing the concept of job portability. This means that if you are an adjustment applicant with a pending Form I-485 (Application to Register Permanent Residence or Adjust Status), you may have the flexibility to change jobs or switch employers without losing your green card eligibility—provided you meet certain criteria.

Here’s what you need to know about job portability under the twenty first century act:

  • Job Portability Defined: AC21 allows adjustment applicants to change jobs or employers if their I-485 application has been pending for at least 180 days, and the new job is in the same or similar occupational classification as the one listed in the approved Form I-140.
  • Green Card Eligibility Protection: This provision was designed to protect applicants from lengthy processing times and unforeseen changes in employment, ensuring that your green card process isn’t derailed if you need to move to a new job or if your petitioner’s business terminates.
  • Switch Employers with Confidence: As long as your new position shares essential qualities, job duties, and falls within the same broad occupational code as your original sponsored position, you can switch employers or change jobs without starting the process over.
  • Adjustment Applicants Benefit: This flexibility is a major advantage for adjustment applicants, as it allows for career progression, job opportunities, and even changes in geographic location, all while maintaining your place in the green card line.
  • Key Requirement: The new job offer must be bona fide and in a similar occupational classification to the original job described in your I-140 petition. USCIS officers will review credible evidence relevant to your new position, such as job descriptions, wages offered, and occupational data, to determine if the roles are sufficiently similar.

Bottom line: Thanks to the American Competitiveness in the Twenty-First Century Act, job portability gives you the freedom to pursue new opportunities and adapt to changes in your career, all while keeping your green card eligibility intact. Always consult an experienced immigration attorney to ensure your new job meets the requirements and to navigate the process smoothly.

Key Factors to Consider Before Making a Job Change in the Green Card Process

Before you make any decisions about changing employers, it’s vital to understand the specific stage of your green card journey. Your options and potential risks hinge on:

  • Where you are in the green card process: Have you only had your I-140 petition approved, or have you already filed your Adjustment of Status (I-485)?
  • Who sponsored your EB-1A petition: Was it an employer-sponsored petition, or did you self-petition?
  • Your current nonimmigrant status: This might influence how quickly you can make certain moves.

If your EB-1A I-140 petition was sponsored by an employer and has been approved, but you haven’t yet filed your Adjustment of Status (Form I-485), you are in a delicate position if you want to change jobs.

While changing jobs doesn’t invalidate your approved I-140 petition, it could compromise your ability to secure a green card through that petition. Here’s why:

  • The Petition is for a Future Job: Your employer-sponsored EB-1A petition is an offer for a future job. If you leave that company before filing your I-485, they likely won’t want to proceed with your green card process.
  • Labor Certification: In employer-sponsored green card processes, the labor certification establishes the legitimacy of the job offer and is a foundational requirement for the petition.
  • Burning the Bridge: Even if they initially express willingness to have you back, once you’ve left, your petitioning employer is under no obligation to re-engage with your case or provide the necessary documentation when it’s time to finalize your green card.
  • The Crucial I-485J Supplement: When you file your Adjustment of Status (I-485) based on an employer-sponsored I-140 (this applies to EB-1, EB-2, or EB-3 categories), you must also file Form I-485J. This supplement is a verification from the employer who sponsored your I-140, confirming that the job offer is still valid and the terms are the same. If you are no longer employed by them, or at least on good terms and welcome to return, they will not provide this form, effectively stopping your green card process.
  • Priority Date and Petitioner's Business Terminates: The priority date assigned to your I-140 petition is crucial for your place in the green card queue. If the petitioner's business terminates before your I-485 has been pending for 180 days, you may lose your priority date retention and the ability to port your petition to a new employer.

Bottom line: If you haven’t filed your I-485 yet, leaving your sponsoring employer before doing so makes it nearly impossible to obtain your green card through that specific petition (whether it’s EB-1. EB-2 or EB-3). You would likely need a new employer to sponsor a new petition, or a self-sponsored petition.

This is where the rules become much more flexible, thanks to the American Competitiveness in the 21st Century Act (AC21).

If you have an employer-sponsored I-140 petition and you have filed your Adjustment of Status (I-485), and it has been pending for 180 days or more, you can move to a “same or similar” job.

What does “same or similar” mean?

  • Within the Same Company: You could take a promotion, or move to a different office location within your current company.
  • New Employer: You could move to a competitor doing a job that is substantively similar to the one described in your original I-140 petition.

Important Considerations for AC21 Portability:

  • Job Duties: The new job’s duties and responsibilities must be “same or similar” to the one offered in your original I-140 petition. This is critical.
  • Updating USCIS with Address Changes: If you move residences, you must ensure USCIS has your correct mailing address. This prevents your green card or any official correspondence from being sent to an old address, which can cause significant delays or even lead to the denial of your case. Update your address with USCIS promptly using the online AR-11 form. But beware, a move could also impact which USCIS Field Office handles your I-485.

As mentioned, Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under AC21 (Supplement J), is indispensable for employer-sponsored green card applications.

  • For New Filings: If you are filing your I-485 after your I-140 is approved, the employer must sign Form I-485J to confirm they are still offering you the job specified in the I-140 petition.
  • For Portability (AC21): If you are porting your job offer under AC21 (after 180 days of I-485 pendency), your new employer will sign a new Form I-485J for you, confirming the new job is “same or similar” to the original I-140 offer.
  • Underlying Permanent Labor Certification and Previous Employer: When changing jobs or employers, the underlying permanent labor certification remains relevant for the validity of your petition, and cooperation from your previous employer is often necessary for providing required documentation.

Scenario 3: Changing Jobs to a Similar Occupational Classification After Receiving Your Green Card

Once you have officially received your green card, you become a Lawful Permanent Resident (LPR). At this point, how long do you have to stay with the employer who sponsored your green card?

There is no specific number of days or duration stated in immigration law regarding how long you must remain with the sponsoring employer after receiving your green card. You are generally free to change jobs, pursue new opportunities, or even start your own business.

However, there's a critical caveat: intent

  • Avoid the Appearance of Fraud: USCIS wants to ensure that when you obtained your green card based on that future job offer, your intent was genuine. If you immediately quit or pivot to a completely different job right after receiving your green card, it could raise questions about whether you genuinely intended to take that job in the first place, or if it was merely a "ruse" to gain entry to the U.S.
  • Demonstrate Good Faith: While there's no magic number, it's generally advisable to remain with the sponsoring employer long enough to demonstrate that you followed through on the job offer and acted in good faith. In the current immigration climate, it's not advisable to mess around and try things that could lead to scrutiny.

Historically, USCIS doesn't routinely monitor your employment after you become an LPR. However, if there's any reason for suspicion, they could investigate.

My advice is to work in the sponsored position for a reasonable period after green card approval to clearly establish your genuine intent.

Changing jobs during your green card process, especially with an EB-1A petition, can be complex. Each scenario has its own rules, risks, and opportunities. Understanding these nuances is crucial to protecting your green card journey.

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