When changing employers after green card sponsorship, avoid doing so too soon to prevent indicating bad faith. However, you will not need to stay in your job permanently after gaining employment in the U.S.
To learn more about how to safely change jobs and help with other immigration matters, call Cho Immigration Law at 312-853-3088 to speak with an experienced Chicago immigration attorney.
Understanding the Rules for Changing Employers After Green Card Sponsorship
If you wish to gain lawful permanent resident (LPR) status in the U.S. and receive your green card, you might do so by getting an employment-based (EB) visa, of which the U.S. government issued 46,508 in a recent year, according to the U.S. Department of State. These visas require immigrants to obtain a full-time, permanent job with a U.S.-based employer as their sponsor.
While it is possible to gain employment with other employers after obtaining an EB visa, it’s best to avoid doing so too shortly after receiving your green card. Workers in most EB categories will need to stay at their current job for a certain period of time to show that their intentions are well-meaning. This period is indefinite and doesn’t have a specific minimum or maximum.
Even if you worked for several years for the sponsoring employer prior to getting your green card, you must still continue to work under that employer for a reasonable length of time as an LPR.
In many cases, U.S. Citizenship and Immigration Services (USCIS) won’t catch that an individual changed jobs after receiving their green card until the green card recipient applies for U.S. citizenship, which is typically after five years of living and working in the U.S. In these cases, USCIS officials might find that you had changed jobs early on when you received your green card, which might bring into question your intentions.
If USCIS suspects that you did not intend to keep your job and solely obtained it to get a green card, the agency might decide to revoke the EB visa.
How Changing Jobs Can Impact Your Green Card Application
If you decide to change your place of employment during the green card process, you may be able to do so with green card portability, or job portability, which the American Competitiveness in the Twenty-First Century Act (AC21) put into place. This particular provision enables immigrants to switch jobs as they await a decision from USCIS regarding their green card application.
To qualify for green card portability, you must meet criteria, such as:
- You must have an approved Form I-140, Immigrant Petition for Alien Worker.
- The job change after your I-140 approval must be in the same or a similar job category as your current occupation.
- You will need to have submitted Form I-485, Application to Register Permanent Resident or Adjust Status, awaiting a USCIS decision.
In many cases, green card portability might be a better decision than switching jobs after approval, so if you are considering changing your occupation while waiting for the green card application process to finish, you might be better off doing so earlier rather than later.
What Happens if You Get Fired on a Work Visa?
You may be curious to know what kinds of consequences could happen if you lose your job at any point after green card sponsorship. So, what if you get fired on a work visa?
Generally, H-1B visa holders will have a grace period if they lose their job, giving them the chance to look for a job that’s in the same or a similar category, apply for a change of status, or opt for voluntary removal to their country of origin. In most cases, the grace period is 60 day from the time of losing the job.
When to Consult an Immigration Lawyer About Employer Changes
If you are considering changing jobs either during or after green card sponsorship, you may need legal guidance to help you make the right choice and avoid issues that might arise, such as the denial of naturalization. Working with an immigration lawyer for green card sponsorship could help you with multiple aspects of immigration, including:
Determining the Right Visa Category
Before you apply for your green card, you might wonder what the different U.S. visa categories are, and which one is right for you. An attorney will consider your circumstances and who might serve as a viable sponsor, which could include a prospective or current employer, a family member, or another qualifying party to help you on your way to gaining LPR status.
Advising You on a Job Change
If you wish to change occupations after green card sponsorship, a Chicago employment immigration lawyer could help you determine when to do so. If you qualify for green card portability, you may be able to change your occupation while waiting for USCIS to approve your green card, or you might be able to do so several months after approval, depending on the situation. An attorney could advise you on a timeline.
Guidance on Other Matters
An attorney may also be able to provide legal counsel and representation regarding other issues, such as determining what to do when you overstay your visa and representing you in court if you face removal and deportation.
Contact an Immigration Attorney Today
If you are uncertain about your current situation and are considering changing employers after green card sponsorship, there are precautions you must take to keep the process smooth and avoid losing your ability to gain U.S. citizenship.
The experienced legal team at Cho Immigration Law is here to provide you with personalized guidance. Contact us today to speak with one of our skilled immigration lawyers.
