|Do I Need to File Form I-485 Supplement J also?|
I will file Form I-485 application for my status adjustment after the Form I-140 approval, do I need to file Form I-485 supplement J also?
U.S. Citizenship and Immigration Services (USCIS) has released Form I-485 supplement J, a form used in conjunction with Form I-485 application to adjust status. The Form I-485 supplement J is used to provide confirmation of job offer from U.S. employer, and to notify the USCIS in cases where the job is ported to a new employer or a new job.
Form I-485 supplement J provides a standardized way of verification that a job offer continues to exist, or of notifying the USCIS of a new job offer. Although this does not make any substantive changes to the requirements to qualify for an employment-based Green Card application, it is still important to understand the requirements for when this supplement must be submitted.
The Form I-485 supplement J should be included with Form I-485 application submission. The supplement J is used for one of the two purposes:
1) Confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your Form I-485 is approved; or
2) Request job portability under AC-21 job portability to a new, full-time, permanent job offer that you intend to accept once your Form I-485 is approved. This new job offer must be in the same or a similar occupational classification as the job offered to you in Form I-140 that is the basis of your Form I-485.
In adjudicating Supplement J, U.S. Citizenship and Immigration Services (USCIS) does not make a determination whether you have current work authorization with an employer. The basis for adjustment of status to lawful permanent resident under a valid Form I-140 is not actual (current) employment. Rather, the basis is prospective employment. Therefore, the adjudication of Supplement J, for applicants requesting job portability under AC-21 job portability, is primarily limited to a determination of whether you have a bona fide job offer from a U.S. employer that is in the same or a similar occupational classification as the position for which the underlying Form I-140 was filed and approved.
Individuals seeking or granted a EB2 National Interest Waiver (EB2 NIW) of the job offer requirement, and individuals seeking or granted classification as an alien of EB1 Extraordinary Ability (EB-1A), do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer. Also, individuals seeking or granted classification as an alien of EB1 Extraordinary Ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J, when filing Form I-485 or to request job portability under AC-21 job portability.
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