What If You Lose Your Job During Green Card Processing?

Published: March 28, 2025

A US Bureau of Labor Statistics report reveals that close to 1,533,000 individuals foreign-born individuals aged 16 and over were unemployed in January 2025. Losing employment can put a foreign worker’s immigration status in jeopardy. 

Specifically, a job loss or unemployment creates uncertainty when you have a pending employment-based green card application. Immediate consultation with an experienced immigration lawyer is paramount to prevent serious immigration consequences. 

Understanding the potential repercussions of losing your job during green card processing is crucial for preparing accordingly and making an informed decision. ALG Lawyers is here to help you navigate these challenges and provide appropriate legal guidance. 

Overview of the Employment-Based Green Card Process

Foreign nationals on temporary work visas can pursue employment-based green cards. Approximately 140,000 employment-based visas are available for immigrants and their families across different categories. Applying for an employment-based green card application essentially involves the following three steps: 

Labor certification (PERM)

Most employment-based green card applications require a permanent labor certification from the Department of Labor (DOL) unless you qualify for exempt classifications. This PERM process involves the employer proving no qualified US workers can perform the particular job. 

Immigrant petition for alien worker

After the DOL approves the PERM application, you can file an immigrant petition with the US Citizenship and Immigration Services (USCIS). Foreign workers exempt from the PERM process start the green card application with this application. 

Consequently, USCIS will review it and may request further details or documentation by issuing a request for evidence (REF). The standard time to process an immigrant petition is typically between 3 to 6 months. You can also pay an additional premium processing fee to receive a decision within 15 days. 

Green card application

You can only file the actual green card application if your priority date is current. Upon receiving approval of your immigrant petition, check the availability of a green card for your specific category and country of birth on the Visa Bulletin. 

Suppose the priority date is current, meaning a green card is immediately available. You can either go through consular processing abroad or apply for an adjustment of status if you’re in the US to receive the green card. 

Impact of Job Loss During Green Card Processing

In most cases, employment-based green card applications are often closely tied to your job offer and employment status. However, your employer retains the right to terminate the employment offer even with a pending green card application. Notably, losing your job during green card processing can impact your application, depending on what stage of the process you’ve reached. 

During the PERM process

The PERM labor certification is tied to a particular employer and job. It becomes invalid if you lose your job during this stage. You need to find a new employer willing to sponsor you to continue with the green card processing. This means starting the PERM process from the beginning. 

Before the immigrant petition approval

It’s worth noting that even if the labor certification has been approved, the employer must file an immigrant petition. The certification has only 180-day validity. Failure to submit the petition within that timeframe makes the certification invalid, so the employer cannot use it to support a petition in the future. 

Additionally, you have no priority date for losing your job before the immigrant petition approval. Without a priority date to retain, you cannot port your green card application to a new employer, causing you to lose your place in the visa queue. 

After filing the adjustment of status

Suppose you filed an adjustment of status application pending for over 180 days. You can still proceed with your green application even if your employer decides to withdraw the immigrant petition. However, it’s only possible when you switch to a new job in a similar field with another employer or through self-employment. 

How to Protect Your Green Card Application After Losing Your Job

It can be daunting to lose your job while awaiting green card approval. You can still obtain a permanent residency in the US, depending on your specific circumstances. Consider the steps below to protect your green card application after an unexpected job loss. 

Retain your priority date

A priority date is typically when your application has been appropriately filed with the USCIS. It indicates your place in line for the green card processing. You can retain it for future green card filings if you have an approved immigrant petition, even if you lose your job. 

Ensure that USCIS didn’t revoke the first application due to fraud or misrepresentation. Moreover, your new employer must also submit the new petition before the old priority date becomes current again on the Visa Bulletin. 

Use AC21 job portability

The American Competitiveness in the Twenty-First Century Act (AC21) provides certain protections for those experiencing job loss while waiting for a green card. Specifically, portability enables you to switch jobs or employers without affecting your application. 

However, one requirement is an approved petition pending for 180 days or more. The new job must also be in the same or similar occupational classification as listed in the original green card application. 

Maintain a lawful presence

Maintaining a lawful presence in the US is a common concern after losing a job. The upside is that you’re in authorized status if you have already applied for adjustment of status. Although it doesn’t automatically put your status at risk, ensure you have any necessary documentation, such as an employment authorization document (EAD). It lets you work legally without disruption while your green card application remains pending. 

Secure Lawful Permanent Residency With ALG Lawyers

You receive a green card once you become a lawful permanent resident in the US. Typically, the green card application process can be complex and lengthy. No wonder many people seek assistance from an attorney to meet everything the immigration officer requires. 

An experienced Los Angeles immigration lawyer can give you peace of mind through accurate and timely submission of your documents. Contact ALG Lawyers now to eliminate the guesswork and ensure a smooth transition from a temporary visa to a permanent US residency.