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Can You Change Jobs After EB-1 Approval? EB1A Consultants Explain
You may at some point or other have to rethink and reconsider your career in the tech industry and other innovative fields. It is natural to ask whether there will be any complications if you make career transition decisions while holding onto an approved EB-1A green card. Though there are some relaxations in the protocols about job changes in EB-1A, you need to have a clear idea of how exactly it can impact your overall approval.
That is exactly what we are attempting to do here. What follows is a detailed explanation of the many confusions candidates face regarding changing their jobs on an EB-1A visa. We present this guide in two parts: firstly, what EB-1A’s general advantages are in cases like employment change, and secondly, what could be your best practices when you are changing your employer after an EB-1A approval. Additionally, we will also shed light on whether the considerations are the same when you are changing your employer during or before the EB-1A filing.
The general advantages of an EB-1A green card for employment or job change
The main advantage of EB-1A is that the petition in this category could be filed without necessarily requiring an employer sponsor. By definition, it is a self-petitioned category, and it revolves around the applicant’s sustained impact. It only demands three conditions as pre-requirements of this category.
- Firstly, the applicant needs to demonstrate extraordinary ability and sustained impact in their field.
- Secondly, the applicant plans to continue working in the concerned field while on U.S. soil.
- Thirdly, the applicant’s entry will substantially benefit and contribute to the growth of the United States.
As you can see, there is no statutory requirement of an employer’s sponsorship or approval in any of the above-mentioned conditions. Saying so, sometimes the specific nature of your employment and EB-1A green card can intersect. Now, we are going to take a look at the intersection.
How a job change can impact different stages of the EB1A processing
General EB-1A processing and approval usually happen in two stages: first, you must file Form I-140, and once it is approved, you must file the Form I-485 if you are seeking to adjust your status. Now, let’s look at all the possible scenarios and how a job change can interact with each of these stages:
Filing the I-140 and waiting for approval
Let’s say you have filed your I-140 petition and are awaiting approval. If you lose your job or change your employer at this stage, the good news is that your EB-1A case will continue to be processed. USCIS will continue to adjudicate your petition even if you change your employer.
After the approval of the I-140 but before filing for the status change I-485
With the approval of the I-140, you have already crossed a significant milestone of your journey. Changing the employer or switching to a new job at this stage won’t jeopardize your approved petition as long as your new job aligns perfectly with your stated field. In other words, if you move to a similar position, it will likely have very little to no impact. Your next step in your green card process will unfold naturally as your priority date becomes current.
In the aftermath of filing the I-485 adjustment of status
However, once you have already filed for adjustment of status after I-140 approval, the adjudicators may look for a compliance detail from your side. In other words, at this stage, if you have filed your I-485 application, you need to ensure that your new position is consistent with your extraordinary ability field or that your company is of a similar kind/in a similar field as your original application.
Though EB-1A supports self-filing, there are some concerns about the job or employment change you need to be mindful of. In the next section, we discuss the best practices of changing employers during the EB-1A process.
Best practices when changing employers on EB1A green card
If the employment-changing situation ever arises, you need to follow a few guidelines to stay cautious. Let’s take a look at them:
Stay consistent with your original field
Your extraordinary ability application got approved because you have successfully demonstrated sustained impact and talent in a chosen field. Your new position should also align with the original claims made in your petition. A sudden change of field can cast a shadow of suspicion on your entire profile.
Keep documenting your impact in your new organization
This suggestion is not often made to the candidates; however, we strongly ask our candidates to keep recording their impact in the new organization whenever possible. This will help you establish a clean, continuous record of excellence that supports your original claim. And, if any situation or requirement arises, you can simply showcase this evidence to demonstrate that your extraordinary track record still continues.
Consult with the EB1A attorneys
Though the EB-1A change of employer situation itself is not likely to pose any major challenge to your green card or your career, there may be other complications involved in your particular immigration history. This fact may be more relevant in cases such as a status change from H-1B to EB-1A. We have excellent EB-1A attorney friends who can counsel you the best in such matters, and we absolutely recommend you seek attorney advice instead of throwing stones into the dark.
At GCEB1, as one of the best eb1a green card consultancies, we brainstorm about every aspect of a candidate’s profile and regularly publish detailed guides, analysis, or insights about them. You will get a lot of free resources to read or watch on our website. If you think you need a personalized evaluation of your profile, get in touch with us. We wish you a safe and stress-free immigration journey ahead.
