Published: January 10, 2025
The US government allocates around 140,000 employment-based immigrant visas every fiscal year. Generally, these green cards are granted on the premise that you accept a permanent job offer or position from a sponsoring employee.
That doesn’t mean you must stay in the job indefinitely or until you retire. However, it’s worth noting that the United States Citizenship and Immigration Services (USCIS) expects that you intend to remain in the job long-term at the point of green card approval.
Like many green card applicants, you might wonder whether you can switch jobs while your application is pending. Although possible, a job change during the green card process can create legal complications. It’s even more complex for beneficiaries of employment-based petitions.
Thus, a green card applicant must proceed with caution and seek the assistance of an experienced immigration lawyer. As a starting point, let’s discuss the implications of changing jobs while awaiting green card approval and the possible steps you can take.
Implications of Switching Jobs During Green Card Process
The employment-based green card process timeline can extend to several years. Unsurprisingly, it’s common for applicants to experience job changes while green card applications are pending. The new job opportunities may offer better compensation and duties that align with your skills.
Under certain conditions, the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) permits you to change jobs during the green card process. However, switching jobs while waiting for a green card can pose significant risks, depending on specific circumstances. Here are two common scenarios involving job changes and their potential implications:
Switching jobs before 180 Days
There are considerable risks if you switch jobs before your petition has been pending for 180 days. The employer who has a bona fide job offer available for you may withdraw their support. The job offer may become invalid, resulting in the denial of your green card application.
Additionally, since you changed jobs prematurely, you may not qualify for job portability under AC21. That means you must go through the immigration process with your new employer from the start.
Switching jobs after 180 Days
Suppose you switch jobs after your application has been under review for 180 days or more. In that case, you may be eligible for job portability under AC21. Yet, even after that period, a job change may complicate your green card process if USCIS determines that the new role doesn’t align closely with the original position.
What to Do If You Must Switch Jobs With Pending Application
You may qualify for a job change without risking your immigration status. However, each case is unique and might be subject to specific conditions. The following are the steps you can take to switch jobs without alerting the USCIS and compromising your green card application:
Evaluate your eligibility for job portability
Before making any job change, you must evaluate your eligibility for job portability. According to AC21, you can switch jobs without jeopardizing your green card application if you satisfy these requirements:
- Your immigrant petition is currently pending or has been approved by the USCIS.
- Your adjustment of status application is pending for a minimum of 180 days.
- The new job position is in a similar occupational classification to the one listed in your initial petition.
Inform USCIS about the job change
Upon accepting a new job offer that meets the AC21 requirements, you must inform the USCIS about the job change. Doing so can help prevent further delays or complications in your application. Likewise, document your intentions as you’ll need it should the USCIS request additional evidence and information.
Consult with an immigration lawyer
Changing employment during the green card process comes with different intricacies and risks. For this reason, it’s always in your best interest to consult with an immigration lawyer. They can help you understand the implications of job changes and advise you on whether it’s the right move based on existing immigration policies and your specific circumstances.
How ALG Lawyers Can Assist You
Changing jobs during the green card process can complicate matters. Your unique situation and immigration policies can present additional challenges. The best way to move forward is to work with a lawyer specializing in immigration law.
With decades of experience in immigration cases, our team of Los Angeles Immigration lawyers at ALG Lawyers can help you make an informed decision. We can guide you in understanding your rights and determining the most viable option for your circumstances. Connect with our law firm now for your first consultation.