How Soon Can You Switch Jobs After Starting With Your Green Card Sponsor?

Published: January 9, 2025

Around 197,000 new lawful permanent residents (LPRs) were categorized under employment-based preferences in 2023. Of these, 74 percent became LPRs through adjustment of status. 

Generally, the process for an employment-based green card is tied to the sponsoring employer, so you must continue working for them. However, that doesn’t mean you’re locked into that specific job forever. 

You can change jobs while your employment-based green card application is pending with the United States Citizenship and Immigration Services (USCIS). Yet, the timing of a job change is a significant factor in determining its implications on your immigration status and prospects.

Below, we’ll explore how soon you can switch jobs after starting with your green card sponsor. 

Understanding the Employment-Based Green Card Process

Unless you qualify for self-petition, you will need a US employer to sponsor you for an employment-based green card. Before discussing the proper timing for making a career change, here are the steps in obtaining a green card through employer sponsorship works: 

Secure an approved PERM labor certification

Most employment-based preferences require the employer to secure a PERM Labor Certification approved by the Department of Labor (DOL). It ensures that there are no eligible US workers available to fill the certain job position. 

File the immigrant petition with the USCIS

Upon acquiring the labor certification, the employer files the immigrant petition with the USCIS on your behalf. It involves verifying your eligibility for a green card and ensuring the sponsoring employer is capable of providing the specified job position. 

Apply for the adjustment of your non-immigrant status

After the petition approval, you can apply for the adjustment of your non-immigrant status to a lawful permanent residency status. Note that this depends on your place in the queue for visa availability, meaning you can only apply for it until your priority date is current. 

Essential Considerations When Contemplating a Job Switch

The prospect of a new job opportunity can be appealing. But it’s critical to approach the transition thoughtfully to avoid raising unnecessary red flags with the USCIS and jeopardizing your immigration journey. Below are some factors you must consider when contemplating a job switch. 

Original intent to work

USCIS may scrutinize your original intent when you make a job change too soon after acquiring a green card. The agency expects you to maintain employment. Suppose you switch jobs before your application gets approved. USCIS may deny it, particularly if it appears you didn’t intend to fulfill your commitment with the sponsoring employer. 

Job portability

Under the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), you can accept new employment without hurting your green card application if you meet the following portability requirements: 

• You have an approved or pending immigrant petition with the USCIS. 
• The adjustment of the status application is under review for a minimum of 180 days. 
• The new job offer is the same or similar occupation as classified in your original immigrant petition. 

When you qualify for portability, you can change to a new job or employer without applying for a new work visa. It enables you to preserve your existing visa under a new sponsoring employer, provided that the new job is in the same or a similar occupational category.

Timing of job change

The law doesn’t establish a specific timeframe of employment with the sponsoring employer. But considering the proper timing can help you show good faith intent to work for the original sponsoring employer. 

This is particularly advantageous for naturalization proceedings in the future. Keep reading on to discover the right time to make a job change after starting with your employer sponsorship. 

How Soon You Can Switch to a Similar or Different Job

You’re required to maintain employment with your sponsoring employer when you’re obtaining a green card through employer sponsorship. But you can switch jobs under specific conditions. Learn how soon you can switch jobs to one of the following situations: 

Switching to a similar job at a different employer

It’s advisable to wait for at least 180 days after your immigrant petition has been pending before switching to a similar job at a different employer. 

This waiting period is critical in retaining your eligibility for job portability, which allows you to change to a similar job without hurting your green card application. Likewise, it ensures that you retain the benefit of the approved petition even if the sponsoring employer decides to withdraw the petition. 

Switching to a different type of job 

Switching to a different type of job can be more complex. Since it doesn’t qualify for job portability, making a job change can put your green card application at risk. Although you can keep your priority date, you will also likely need to undergo the green card process from the start. Consider working with an immigration lawyer to determine the best pathway for your circumstances. 

Ensure a Smooth Job Transition With ALG Lawyers

Careful planning and timing are crucial when changing jobs during the employment-based green card process. USCIS may question your intentions if leave your sponsoring employer shortly. Although this issue is relatively rare, you can face serious legal consequences if the agency finds you planned to switch jobs from the beginning. 

Before doing any job change, consult an experienced immigration lawyer to make an informed decision. Our team at ALG Lawyers, Los Angeles Immigration Lawyers can understand your rights and ensure a smooth job transition. Connect with our law firm today to discuss your specific immigration needs in detail.