1. What is employment-based green card portability?

Employment-based green card portability is a process by which individuals who have already begun the process of securing an employment-based green card can switch employers without having to start the green card application process over. This allows an individual to switch to a new employer without having to wait for a new green card application to be approved.

2. How does an immigrant petition for a green card through employment-based portability?

An immigrant can petition for a green card through employment-based portability by first obtaining a job offer from an employer that has been approved by the U.S. Department of Labor. The employer must then file an I-140 form, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The I-140 is used to determine if the job can be filled by a foreign national. If approved, the foreign national must then file an I-485 form, Application to Register Permanent Residence, with USCIS to complete the green card application process.

3. What happens if I change employers while my green card through portability is pending?

If you change employers while your green card through portability is pending, you can continue to work using an Employment Authorization Document (EAD) or an Advance Parole Document. However, any change in your employer during the portability process can be considered a material change and may impact your green card application.

4. Are any family members able to get green cards through employment-based portability?

Employment-based portability is a process that allows immigrants to “port” their green card applications from one US employer to another without having to obtain a new labor certification. Since family members usually don’t qualify for employment-based green cards, they would typically not be eligible to use this process.

5. How long does it take to process a green card through employment-based portability?

It can take up to 8 months to process a green card through employment-based portability. This timeframe can vary depending on processing times and the availability of visas.

6. Is there any paperwork I need to submit in order to use employment-based portability?

Yes. To use employment-based portability, you must submit Form I-140, Petition for Immigrant Worker in the appropriate category, along with any required supporting documents. You must also submit Form I-485, Application to Register Permanent Residence or Adjust Status, and all supporting documentation required for this form. If you are already in the United States, you may be eligible to apply for adjustment of status (Form I-485).

7. What are the benefits of using employment-based portability for a green card?

The primary benefits of using employment-based portability for a green card are time and cost savings. The portability process allows the green card holder to transfer their existing green card from one employer to another without the need to file a new green card application. This eliminates the additional wait time and expense associated with a new application, such as attorney’s fees, filing fees, and processing time. Additionally, the portability process often allows the applicant to remain in the U.S. and continue working while their application is pending, which is not possible with a new application. Finally, the portability process can be used to obtain permanent residency even if an individual’s priority date has already passed or is no longer current.

8. Are there any restrictions or limitations on using employment-based portability for a green card?

Yes, there are a few restrictions and limitations on using employment-based portability for a green card. First, the applicant must have an approved I-140 form from a prior employer. The applicant must also be in the U.S. legally at the time of applying, and must have been physically present in the U.S. for at least one year at the time of filing the new petition. Additionally, applicants must prove that the new job is in the same or a similar field as their prior job, and that the new employer is offering wages that are at least as high or higher as that of their prior employer. Finally, applications must meet all of the other eligibility requirements for an employment-based green card, including education and work experience requirements for their particular visa category.

9. What documents do I need to provide to prove eligibility for a green card through employment-based portability?

You will need to provide the following documents to prove eligibility for a green card through employment-based portability:

1. Your current nonimmigrant visa.
2. A valid labor certification application approved by the U.S. Department of Labor, or an exemption from labor certification.
3. A valid Form I-140, Immigrant Petition for Alien Worker.
4. Evidence of your current employer’s ability to pay the offered wage, such as tax records, payroll records, or a letter of commitment from the employer.
5. Evidence of your prior employment in a specialty occupation and maintenance of valid status, such as copies of Forms I-20 or DS-2019, employment verification letters, and/or pay stubs.
6. Proof of your academic qualifications in the form of diplomas, transcripts, certifications from educational institutions, or licenses from professional associations.
7. Proof that you are admissible to the United States, such as police clearances or waivers for any criminal convictions.

10. Is there an additional fee that needs to be paid when using employment-based portability for a green card?

Yes, there is an additional fee that must be paid when using employment-based portability for a green card. The fee is $220 and must be paid at the time of filing the application.

11. Are there any consequences if I terminate my previous job after filing for a green card through employment-based portability?

Yes. If you terminate your previous job before you have been approved for green card portability, then you will likely be denied the ability to change employers. Terminating your job is considered an abandonment of your green card application, and USCIS may consider you to have abandoned your application.

12. Can I still use employment-based portability if I have adjusted my status within the United States?

Yes, you may still be eligible to use employment-based portability if you have adjusted your status within the United States. However, you must meet certain criteria in order to be eligible. These criteria include having an approved labor certification, a valid job offer from a U.S. employer, and having an I-140 visa petition approved by USCIS. For more information, please consult an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) website.

13. Are there any special rules that need to be followed if I am filing for a green card through employment-based portability while I am outside the United States?

Yes. If you are filing for a green card through employment-based portability while outside of the United States, you must possess a valid, unexpired passport and have recently been employed in the same occupation as listed on your approved I-140 Immigrant Petition for Alien Worker. Additionally, you must have maintained continuous physical presence in the United States for at least one year prior to departing the country.

14. How does the job offer needed for filing a green card through employment-based portability have to be structured?

The job offer needed for filing a green card through employment-based portability must be in the form of a letter of intent from the new employer. This letter must include the job title, salary, and other job details, such as start date, duties, and an explanation of how the job is related to the petitioner’s current or prior employment. Additionally, if the petitioner has been in H-1B status for at least six years, the prospective employer must sign a Form I-129S, asserting that the job offer is bona fide.

15. Are there any special requirements that employers need to meet in order to qualify me for a green card through employment-based portability?

Yes, employers need to meet certain requirements in order to qualify an employee for a green card through employment-based portability. The employer must demonstrate that they have the ability and willingness to pay the prevailing wage for the position, and must provide evidence of recruitment efforts, among other things. Additionally, there may be additional requirements depending on the individual’s situation.

16. Can my new employer file for an extension of my current nonimmigrant status while my application for a green card through employment-based portability is pending?

Yes, your new employer can file for an extension of your current nonimmigrant status while your green card application through employment-based portability is pending. However, you should be aware that USCIS may not approve the extension if it believes that your green card application should be denied. Additionally, if the extension is approved, it will only be valid until the decision on your green card application is issued.

17. What happens if either my old or new employer withdraws their job offer before my application for a green card through employment-based portability is approved?

If either your old or new employer withdraws their job offer before your application for a green card through employment-based portability is approved, you will not be able to continue the application process and your application will be denied. You will need to reapply for a green card through the regular immigrant visa process.

18. How can I check the status of my application for a green card through employment-based portability?

You can check the status of your green card application through the USCIS My Case Status page. To do so, you will need to provide the following information: Receipt Number, Alien Registration Number, Last Name and Date of Birth. Once you have entered this information, you can view the status of your case and any applicable updates or notifications.

19. Are there any limits on the number of times I can use employment-based portability to get a green card?

Yes. Under the current law, an individual is limited to one use of the employment-based portability provision. However, an individual may still be eligible to adjust status if another employer is willing to sponsor them for a new green card.

20. What are some potential obstacles that could arise when applying for a green card through employment-based portability?

Potential obstacles that could arise when applying for a green card through employment-based portability include:

1. Meeting the requirements for a valid job offer from a U.S. employer, such as demonstrating the employer’s ability to pay the prevailing wage and submitting labor certification from the Department of Labor;

2. Obtaining the necessary supporting documents, such as a valid passport, birth certificate, and proof of visa status;

3. Paying the required filing fees;

4. Complying with the annual visa limits;
5. Demonstrating that the applicant has been employed lawfully in the U.S. for at least one year; and
6. Meeting the specific requirements of the immigration category for which the applicant is applying.