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Employment Obligation to Employer after Green Card Approval
Are you considering a new job and want to know what your employment obligation to employer after green card approval is? Is it going to impact your naturalization application?
PERM and adjustment of status is a lengthy process. A variety of circumstances can occur that may result in the employment termination by the time you receive your green card. Absent fraud, it should not matter whether the company terminated your employment or whether you decided to leave the company.
In cases of an employment-based green card, can an early termination of your job affect your naturalization success?
An early departure from your employment after you have received your green card may raise some doubt about your "intent" and you may get questioned about it during your naturalization interview.
If the USCIS ever questions whether you intended to work for your sponsoring employer when your employment-based green card application was filed, various factors can help you establish a good faith intent. For example: you worked for the same employer prior to your adjustment of status application;
Further, even Congress had recognized that life happens during the long employment-based immigration sponsorship process. Congress had passed the American Competitiveness in the Twenty-First Century Act of 2000 ("AC21"). The rule allows a worker with a pending I-485 Adjustment of Status (or often referred as a green card application)
The USCIS has stated that under AC21, if you have a pending Form I-485, you "may be able to change the job or employer on which your Form I-140, Immigrant Petition for Alien Worker, is based as long as the new job offer is in the same or a similar occupational classification as the job for which the I-140 petition was filed." In order for you to change the offer of employment or employer while your Form I-485 is still pending with the USCIS, the I-485 must have been pending for 180 days or more.
The USCIS would evaluate whether a job new job is "same of similar" based on the following factors: same/similar job duties, skill, experience or education required, salary, and the Department of Labor occupational code, among others.
In conclusion, if you want to change your employer or employment fields entirely or quit working all together shortly after you receive your green card, the main question is whether you intended to work for the sponsoring employer at the time your green card application was filed. Thus, if you clearly intended to work for the employer that sponsored your green card process, there is no specific time period during which you are required to work for that employer after you become a permanent resident.
In any situation, you should consider consulting with an immigration attorney before making any employment changes to help you make an informed decision about how to proceed further.
Law Offices of Victoria V Kuzmina assist professionals with all temporary work visas, as well as employment immigrant visas EB-1, EB-2, National Interest Waiver, and EB-3. To learn more about what employment-based immigration services Victoria Kuzmina provides, please visit http://www.kuzminalaw.com/
For a full range of immigration services provided by the Law Offices of Victoria V Kuzmina, visit http://www.kuzminalaw.com/
Victoria V Kuzmina