AC21 Portability: Proactive I-485 Supplement J Filing Recommended
Summary
Employment-based I-485 applicants often wonder whether to proactively file Form I-485 Supplement J after their application has been pending over 180 days and they've changed employers seeking AC21 portability, or to wait for a Request for Evidence (RFE). Experts strongly advise against waiting for an RFE, recommending instead to submit Supplement J proactively. This approach helps ensure USCIS has the most current employment information and can prevent potential delays or issues in the green card process.
When an employment-based I-485 adjustment of status application has been pending for 180 days or more, and the applicant changes employers to a "same or similar" occupational classification, the American Competitiveness in the Twenty-First Century Act (AC21) allows the applicant to port their I-140 petition to the new employer. To formally notify USCIS of this change and confirm the new employment meets the AC21 criteria, applicants must use Form I-485 Supplement J. The critical policy guidance here emphasizes that USCIS does not guarantee an RFE will be issued to prompt this filing, making proactive submission essential for a smooth process.
This guidance has significant practical implications for immigrants navigating the complex green card process, especially those who need to maintain career flexibility. Waiting for an RFE could lead to delays in their application processing, or even adverse decisions if USCIS adjudicates the case without proper notification of the new employment. Proactively filing Supplement J ensures that USCIS has the most up-to-date information, potentially streamlining the adjudication process and reducing the risk of an RFE or denial based on outdated employment details. It underscores the applicant's responsibility to keep their file current.
Background
AC21 was enacted in 2000 to provide greater flexibility for high-skilled foreign workers seeking permanent residency, particularly addressing issues related to job changes during lengthy green card backlogs. Prior to AC21, changing employers typically required a new labor certification and I-140 petition, significantly delaying the green card process.
Who This Affects
- Applicants with pending I-485 applications: Those who have filed an employment-based I-485 and it has been pending for over 180 days are directly affected as they must decide how to update USCIS about new employment.
- Immigrants changing jobs: Individuals who have moved to a new employer in a "same or similar" occupational classification after their I-485 has been pending for more than six months need to understand their proactive filing options for AC21 portability.
- Employers sponsoring green cards: Companies sponsoring foreign workers should be aware of this policy to properly advise their employees and understand the documentation requirements for successful green card processing.
What You Should Do Now
- Consult an immigration attorney: Seek expert legal advice to confirm eligibility for AC21 portability and to ensure proper preparation and timely submission of Form I-485 Supplement J.
- Gather required documentation: Compile all necessary evidence from the new employer, including job descriptions, salary information, and a letter of employment, to support the Supplement J filing.
- Proactively file Form I-485 Supplement J: Do not wait for a Request for Evidence (RFE); submit Supplement J as soon as possible after changing jobs and meeting the 180-day I-485 pending requirement to notify USCIS of the new employment.
Source: Read official article on Murthy Law Firm
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