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Backlogs and lengthy processing occasions are common obstacles within the immigration course of. Having your I-485 pending for half a yr may be hectic particularly with a job change arising. To alleviate a few of the stress, candidates ought to benefit from Kind I-485, Complement J and the American Competitiveness within the Twenty-First Century Act of October 2000 (AC21 Portability Rule).
What’s the AC21 Portability Rule?
Based on USCIS, porting means remaining eligible for a inexperienced card when altering from one job or employer to a different with out having to file a brand new Kind I-140, Immigrant Petition for Alien Employee.
The AC21 Portability Rule permits candidates whose I-485 has been pending for 180 days or extra the flexibility to switch the pending I-485 to a brand new job or employer. There are a number of necessities to take action with crucial being the brand new job assembly the identical standards or comparable classification.
AC21 Portability Rule Necessities
To hold out the porting course of, you’ll need to file Kind I-485 Complement J. Complement J confirms the reputable job supply accessible by the employer/worker. Each events might want to signal this type.
AC21 Standards for Figuring out Eligible Job Transfers
To fulfill the “identical or comparable” occupational classification required by AC21, USCIS officers take many elements under consideration together with:
- The Division of Labor’s (DOL) Commonplace Occupational Classification (SOC) System
- DOL organizes the system by numerous codes (sometimes six digits) designed to categorise employees into distinct occupational classes. Occupations that require comparable expertise, job duties, training, or coaching are grouped collectively.
- DOL’s Bureau of Labor Statistics’ Occupational Outlook Handbook
- DOL’s Bureau of Labor Statistics’ Occupational Employment Statistics Database
- The job obligations of each the present job and the one you want to port
- Training, coaching, expertise, and any licenses/certifications mandatory to hold out every job
- The wage or wages of each jobs
- USCIS may even consider raises or promotions that occur over time, geographic places of the job, attainable firm mergers that have an effect on compensation, and any jobs that switch from for-profit to a non-profit employer
- Some other data or proof you submit together with your porting request
Remember that USCIS will take the entire above components into consideration earlier than approving the brand new place. Don’t be misled into pondering that the identical SOC code will robotically qualify the 2 positions as identical or comparable.
How Does the Portability Rule Deal With Promotions?
When you get promoted, USCIS maintains the appropriate to reassess in case you are nonetheless eligible for a inexperienced card.
For instance, for those who transfer right into a extra senior however associated place which is non-managerial, USCIS will use the factors defined above to find out the similarity of the positions. Additional, for those who transfer right into a managerial or supervisory position and set up that the brand new place includes managing the identical or comparable occupational classifications as your authentic place, USCIS could deal with such proof favorably.
When Do I Notify USCIS A few Job Change?
When you might have correctly ported the brand new job, you will need to notify USCIS that you’ve met the AC21 necessities.
We suggest notifying USCIS after beginning to work together with your new employer or your new place. You may also notify USCIS in the event that they concern a Request for Proof (RFE) or Discover of Intent to Deny (NOID).
All the porting course of includes:
- Submitting Complement J to request AC21 porting of I-485, Adjustment of Standing Utility
- USCIS approving your request primarily based on eligibility
- Notifying USCIS that the AC21 necessities have been met by submitting an AC21 notification
After finishing these steps, you are actually thought of an “affected get together” entitled to a notification. Following these steps helps keep away from a number of potential delays to your case together with RFEs and NOIDs.
As you’ll be able to think about altering employers or job presents beneath the AC21 portability rule is greatest dealt with by an skilled immigration staff. To keep away from delays and denials, we rigorously evaluate all of your documentation, proof, and job data. Our work ensures that you’ve the best probability of securing approval.
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