Job Portability
Job portability in immigration allows foreign nationals to change jobs or employers while their immigration petition is pending. It is significant for individuals on employment-based visas like H-1B or those applying for green cards through adjustment of status.
H-1B Portability
- Quick Transition: H-1B holders can begin working for a new employer immediately after the new employer files a non-frivolous H-1B petition.
- No Approval Wait: Work can start before USCIS approves the petition.
- Risk of Denial: If the new H-1B petition is denied, the authorization to work under portability ends.
Green Card Portability (AC21)
- Eligibility: Employment-based green card applicants can change jobs while their I-485 adjustment of status application is pending.
- Conditions: The new job must have similar duties and occupational classification as the original job.
- Process: The new employer must file Supplement J with USCIS to confirm job portability.
Benefits of Job Portability
- Flexibility: Opens doors to better career opportunities.
- Job Security: Acts as a safeguard against layoffs or termination.
- Career Progression: May expedite green card processing in some cases.
Key Considerations
- Compliance: Job portability requirements vary by visa type and case status.
- Legal Guidance: Consulting an immigration attorney ensures adherence to all regulations.
- Risks: Changes may lead to delays or denials in the immigration process.
Understanding job portability helps foreign nationals leverage opportunities while navigating the immigration system effectively.
Frequently Asked Questions
Job portability refers to the ability of a foreign national to change jobs or employers while their immigration petition is pending.
Yes, H-1B visa holders can start working for a new employer as soon as the new employer files a non-frivolous H-1B petition on their behalf.
Yes, under certain conditions, employment-based green card applicants can change jobs while their adjustment of status application is pending.
Job portability offers flexibility, reduces the risk of job loss, and can potentially accelerate the green card process.
Yes, it's highly recommended to consult with an immigration attorney to understand the specific requirements and potential risks associated with job portability and to ensure compliance with all immigration regulations.