When you have an approved I-140 immigrant petition and want to change jobs or employers in the United States 🇺🇸, it’s important to know exactly what documents you need, what steps to take, and what to expect at each stage. This process can feel overwhelming, but understanding each part will help you move forward with confidence. Below, you’ll find a detailed, step-by-step guide to proving your I-140 benefits to a new employer, including what documents to collect, how to use them, and what both you and your new employer need to do. This guide also covers recent policy updates, common questions, and practical tips to help you avoid delays or problems.
Understanding the I-140 immigrant petition and Priority Date

The I-140 immigrant petition is a form that an employer (or sometimes the worker themselves) files with U.S. Citizenship and Immigration Services (USCIS) to help a foreign worker get a green card based on employment. When USCIS approves this petition, they issue a Form I-797 Approval Notice. This notice is proof that your petition is approved and shows your priority date—the date USCIS received your I-140 petition. The priority date is very important because it determines your place in line for a green card.
If you want to change jobs while waiting for your green card, you may be able to keep your priority date and approved I-140 benefits, as long as you follow certain rules. This is called “portability” under a law known as INA 204(j). Portability lets you move to a new employer without losing your spot in line, as long as your I-140 has been approved for at least 180 days or your Form I-485 (the application to adjust status to permanent resident) has been pending for at least 180 days.
Step-by-Step Process: Proving I-140 Benefits to a New Employer
- Collect Your Approved I-140 Notice (Form I-797 Approval Notice)
The most important document you need is your Form I-797 Approval Notice for your I-140 immigrant petition. This notice confirms that USCIS has approved your petition and shows your priority date. Make sure you have a clear copy of this notice, as your new employer will need to see it.
- Why it matters: The Form I-797 Approval Notice is the official proof that you have an approved I-140. It also shows your priority date, which you keep even if you change employers after the required waiting period.
- How to get it: If you don’t have a copy, you can request one from your previous employer or check your USCIS online account if you have one.
- Gather Your Form I-485 Receipt Notice (if you have filed for adjustment of status)
If you have already filed Form I-485 (Application to Register Permanent Residence or Adjust Status), you should have received a receipt notice from USCIS. This notice proves that your I-485 is pending.
- Why it matters: If your I-485 has been pending for at least 180 days, you can use portability rules to change employers and keep your priority date.
- How to get it: The receipt notice is usually sent by mail after you file Form I-485. If you lost it, you can request a replacement from USCIS.
- Secure a Job Offer Letter from the New Employer
To use your I-140 benefits with a new employer, you need a job offer in the same or similar occupation as your original I-140 petition. Ask your new employer for a written offer letter or contract that clearly states your job title, duties, and terms of employment.
- Why it matters: USCIS requires proof that your new job is similar to the one described in your approved I-140. The offer letter is the main way to show this.
- What to include: The letter should list your job title, a description of your main duties, and your salary or wage.
- Prepare Documentation Showing the New Job is in the Same or Similar Occupational Classification
You must show that your new job is in the same or a similar field as your original I-140 petition. This is called “occupational classification.” You can use the job offer letter, a statement from your new employer, and any other documents that describe your job duties.
- Why it matters: If the new job is too different from the original one, you may not qualify for portability, and you could lose your priority date.
- How to prove it: Compare the job descriptions and duties from your old and new jobs. If they match closely, you’re likely to qualify. If you’re unsure, ask an immigration attorney for help.
- Present All Documents to the New Employer’s Immigration or HR Department
Once you have all your documents, give them to your new employer’s immigration or human resources (HR) department. They will review your paperwork to make sure you qualify for portability and can keep your priority date.
- Why it matters: Your new employer needs to confirm that you are eligible to work for them under the I-140 portability rules. They may also need to keep copies for their records.
- Consult an Immigration Attorney if Needed
If you have any doubts or your case is complicated, it’s a good idea to talk to an immigration attorney. They can help you make sure you meet all requirements and help with any paperwork or questions from USCIS.
- Why it matters: Mistakes or missing documents can cause delays or even denial of your green card application. An attorney can help you avoid problems.
Estimated Timeframes for Each Step
- Collecting documents: 1–2 weeks, depending on how quickly you can get copies from your previous employer or USCIS.
- Getting a job offer letter: Usually 1–2 weeks after accepting a new job.
- Preparing occupational classification documents: 1–2 weeks, especially if you need to compare job descriptions or get help from an attorney.
- Review by new employer: 1–2 weeks, depending on their internal process.
- Attorney review (if needed): 1–3 weeks, depending on the attorney’s schedule and the complexity of your case.
Country/Type | Visa Category | Processing Time |
---|---|---|
USA | I-140 | 1–2 weeks |
USA | Job Offer Letter | 1–2 weeks |
USA | Occupational Classification Documents | 1–2 weeks |
USA | Review by New Employer | 1–2 weeks |
USA | Attorney Review | 1–3 weeks |
What to Expect from USCIS and Your New Employer
- USCIS: If you meet the 180-day rule (either your I-140 has been approved for at least 180 days or your I-485 has been pending for at least 180 days), USCIS will generally allow you to keep your priority date and approved I-140 benefits, even if your old employer withdraws the petition. You do not need to file a new I-140 if your new job is in the same or similar occupation.
- New Employer: Your new employer will want to see proof of your approved I-140 and your priority date. They may also ask for your I-485 receipt notice and documents showing your new job is similar to your old one.
Key Documents Checklist
- Form I-797 Approval Notice for I-140 (shows approval and priority date)
- Form I-485 Receipt Notice (if you have filed for adjustment of status)
- Job offer letter or contract from new employer
- Statement or letter from new employer confirming job duties and classification
- Any other documents showing your new job is in the same or similar occupation
You can find more information and official instructions for the I-140 process on the USCIS Form I-140 page.
Special Cases: Self-Petitioning Categories
Some people can file the I-140 immigrant petition for themselves, without an employer. These include:
- EB-1A (Extraordinary Ability)
- EB-2 National Interest Waiver
If you are in one of these categories, you can provide your approved I-140 notice directly to your new employer. You do not need a job offer letter, but you may still need to show that your work is in the same field.
What If the Original Employer Withdraws the I-140?
If your old employer withdraws your I-140 after it has been approved for at least 180 days, or your I-485 has been pending for at least 180 days, USCIS will usually not revoke your I-140 for portability purposes. You keep your priority date and can use it with your new employer, as long as the new job is in the same or similar occupation.
Recent Policy Updates and Fee Changes
- Fee changes: USCIS changed some filing fees in April 2024 and July 2025, but these do not affect the documents you need to prove I-140 benefits. They may affect the cost of filing related forms, like I-485 or I-765 (work permit).
- Processing times: USCIS continues to update processing times for I-140 and related forms. Check the USCIS Processing Times page for the latest information.
- Policy updates: USCIS has clarified that the 180-day rule for I-140 approval or I-485 pending status is key for keeping your priority date and using portability.
Expert Advice and Best Practices
- Keep copies of everything: Always keep copies of your I-140 approval notice, I-485 receipt notice, job offer letters, and any communication with USCIS.
- Check job similarity: Before accepting a new job, compare the job description with your original I-140 petition. If they are very different, you may not qualify for portability.
- Talk to your new employer: Make sure your new employer understands the I-140 portability process and is willing to help with any paperwork.
- Consult an attorney: If you have any doubts, especially about job similarity or timing, talk to an immigration attorney.
Common Questions and Answers
Q: Can I change employers before my I-140 is approved?
A: No, you must wait until your I-140 is approved and at least 180 days have passed, or your I-485 has been pending for 180 days, to use portability.
Q: What happens if my new job is not in the same or similar occupation?
A: You may lose your priority date and need to start the green card process over. Always check job similarity before changing employers.
Q: Do I need to file a new I-140 with my new employer?
A: Not if you meet the portability rules and your new job is in the same or similar occupation. If not, a new I-140 may be required.
Q: What if my I-485 is denied after I change employers?
A: If your I-485 is denied, you may lose your ability to stay in the United States 🇺🇸 unless you have another valid status. Talk to an attorney right away if this happens.
Q: How do I prove my priority date to my new employer?
A: Your Form I-797 Approval Notice for your I-140 shows your priority date. Give a copy to your new employer.
Background: Why Portability Matters
The ability to keep your I-140 benefits and priority date when changing jobs is a big help for many workers waiting for green cards. Before the portability rules, changing jobs often meant starting the whole process over. Now, as long as you follow the rules, you can move to a new employer without losing your place in line.
This flexibility helps both workers and employers. Workers can take new opportunities without fear of losing years of waiting time. Employers can hire skilled workers who are already in the green card process.
Looking Ahead: What Might Change
As of July 2025, there are no major changes planned for I-140 portability documentation. USCIS may update fees or processing times, but the main rules for proving I-140 benefits to new employers remain the same. According to analysis by VisaVerge.com, USCIS is expected to keep working on making the process clearer and easier for both employers and workers.
Practical Steps to Take Right Now
- Review your documents: Make sure you have all your I-140 and I-485 notices.
- Talk to your new employer: Explain the portability process and what documents they need.
- Check job similarity: Compare your new job’s duties to your original I-140 petition.
- Keep everything organized: Store all your documents in a safe place.
- Stay updated: Check the USCIS Policy Manual for the latest rules and guidance.
If you follow these steps and keep good records, you can prove your I-140 benefits to a new employer and keep your green card process moving forward. If you have questions or run into problems, don’t hesitate to reach out to a qualified immigration attorney or contact the USCIS National Customer Service Center at 1-800-375-5283.
By understanding each stage, collecting the right documents, and working closely with your new employer, you can make the transition as smooth as possible and protect your path to permanent residency in the United States 🇺🇸.
Learn Today
I-140 Immigrant Petition → Employer-filed form to request a green card for a foreign worker based on employment.
Form I-797 Approval Notice → Official USCIS document confirming approval of an immigration petition and showing priority date.
Priority Date → The date USCIS receives the I-140 petition that determines your place in the green card queue.
Portability → Legal provision allowing job changes without losing I-140 benefits if conditions like 180-day approval are met.
Form I-485 → Application to adjust status to permanent resident, crucial for enabling portability under INA 204(j).
This Article in a Nutshell
Changing employers with an approved I-140 requires proving your benefits to the new employer. Collect key documents, show occupational similarity, and follow USCIS portability rules. This enables you to keep your priority date and avoid delays or restarting your green card process.
— By VisaVerge.com