Is the New & Old Job an Identical Match? – Tip(s) That Will Make or Break the PERM Labor Certification and I-140 Portability Process

On behalf of Vassell & LeeRC Law Group posted on Friday, September 30, 2016.

This blog tip is being posted to assist U.S. Employers and foreign nationals avoid the harsh consequences of failing to understand the key principle discussed below. The Department of Homeland Security (“DHS”) through AC21 allows for foreign national employees who have a PERM Labor Certification and/or I-140 filed on their behalf to change employers without losing their respective priority date with the Department of State (“DOS”). The visa bulletin, issued monthly by DOS, allows foreign national applicants who are being sponsored by a U.S. employer to know when they are eligible to become a U.S. Permanent Resident.

While porting over priority dates for purposes of AC21 is ideal to capture one’s priority date and eliminate additional wait time; it is very important to ensure the two job descriptions match according to specific Federal regulations. We have seen where hiring a U.S. Immigration attorney to complete the porting over of the PERM Labor Certification and I-140 can save a foreign national much heartache when they change jobs midstream in the work sponsorship process. Both jobs must be identical to ensure that the U.S. work based sponsorship can “run the full course” to U.S. Permanent Status being achieved. Triggering U.S. Citizenship and Immigration Services (“USCIS”) to issue a NOID (Notice of Intent to Deny) as the result of filing the I-485 Adjustment of Status Application step can result in a denial of visa.

We provide legal guidance to H-1B visa holders, PERM, E-B1a, E-B1b, E-B1c, E-B2 and National Interest Waivers. We monitor the Federal Regulations, and receive daily updates from the American Immigration Lawyers’ Association (AILA). Laws are continually being updated on non-immigrant visas and permanent visas. Consular Processing through the Department of State and Waivers of inadmissibility are studied and aggressively used to assist clients. Representation by counsel at the National Visa Center (“NVC”) aids efficiency in processing of visas. I-601 A waiver(s) are the basis for many Waivers needed when encountered. Our law offices are based in Washington D.C, Rockville, Maryland and Fairfax, Virginia.

You may contact our law firm for our standard one hour evaluation and consultation of your legal matter, or set up a free 20 minute general consultation with one of our attorneys.

The Vassell Law Group, PC

www.vasselllaw.com | info@vasselllaw.com

Members of the American Immigration Lawyers – AILA

Published by

Leave a Reply