Rather, the petition must have been filed on behalf of a noncitizen who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination on a portability request. If the adjustment application has been pending for less than 180 days, the approved petition does not remain valid with respect to a new offer of employment.Īn unadjudicated petition is not valid merely because the petition was filed with USCIS or through the passage of 180 days. This applies even if the applicant changes jobs or employers so long as the new offer of employment is in the same or similar occupation. If USCIS has approved an applicant’s Form I-140 petition and the applicant’s adjustment application remained unadjudicated for 180 days or more (from the adjustment application receipt date), the approved petition remains valid unless the petition’s approval is later substantively revoked. Applicants can submit the portability request and evidence with the adjustment application or in any in-person interviews or in response to a request or other notice from USCIS. The new job offer may be with the same petitioner or with an entirely new employer, including self-employment. If the applicant requested to port before January 17, 2017, the applicant could have requested to port through a letter, since Form I-485 Supplement J did not go into effect until January 17, 2017. If the applicant makes a request to port on or after January 17, 2017, the applicant must submit a Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) ( Form I-485 Supplement J). The applicant submitted a request to port. The new job offer through which the applicant seeks to adjust status is in the same or similar occupational classification as the job specified in the petition and The applicant’s properly filed adjustment application has been pending with USCIS for 180 days or more at the time USCIS receives the request to port The petition is filed in the employment-based 1st, 2nd, or 3rd preference category The applicant is the beneficiary of an approved Form I-140 petition or of a pending petition that is ultimately approved To qualify for portability under INA 204(j), the adjustment applicant must meet the following eligibility requirements: These provisions are referred to as “portability.” Employment-based adjustment applicants who use such benefits are considered to have “ported” the petition filed on their behalf to the new job offer.Īn applicant who successfully ports the petition on which the adjustment application is based to a new job or employer retains the priority date of the underlying petition. The new job offer may be through the same employer that filed the petition or a different employer. If eligible under INA 204(j), the Immigrant Petition for Alien Workers ( Form I-140) (and underlying permanent labor certification, if applicable) may remain valid and the beneficiary of an approved employment-based immigrant visa petition in the 1st, 2nd, or 3rd preference category may transfer, or “port,” to a qualifying new job offer that is in the same or a similar occupational classification as the job offer for which the petition was filed. This provision allows certain employment-based adjustment of status applicants experiencing delays in the employment-based adjustment of status process some flexibility to change jobs or employers while their Application to Register Permanent Residence or Adjust Status ( Form I-485) is pending. Or check out our Help Docs on creating events and tasks for more info.In 2000, Congress enacted the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) which, in part, added INA 204(j). Have a question about recurring projects, campaigns, events, or tasks?Ĭontact our support team at for help. Keep recurring projects on your radar by scheduling them out days, weeks, or months in advance. This update is available in Project Templates, Marketing Campaign Templates, events, and tasks.Ĭustomize your recurring settings to get more visibility into how your recurring work impacts your availability to take on new projects. Do you plan projects a quarter in advance? Then add your monthly newsletter to schedule for the next 4 months on your calendar for added visibility. Take a look at your recurring projects list. If you have any Project Templates or Marketing Campaign Templates set on a recurring schedule, this product update is for you! Now you can customize exactly how far in advance you want to add recurring projects or marketing campaigns to your calendar.
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