When you’re working in the United States 🇺🇸 on an employment-based green card journey, understanding how your I-140 priority date works—especially if you want to change jobs or employers—is essential. Many people worry that switching employers will force them to start the green card process all over again, losing years of waiting time. Thankfully, U.S. immigration law offers important protections that can help you keep your place in line, even if you move to a new job. Here’s a comprehensive, step-by-step guide to using your I-140 priority date with a different employer, what you need to do at each stage, and what you can expect from the authorities.
Overview: The I-140 Priority Date and Portability
The I-140 priority date is the date when your employer first filed the PERM labor certification or, in some cases, the I-140 petition itself. This date is your spot in the green card line. The earlier your priority date, the sooner you can get your green card, especially if you’re from a country with long waiting times like India or China.
The American Competitiveness in the Twenty-First Century Act (AC21) introduced rules that let you keep your I-140 priority date even if you change employers, as long as certain conditions are met. This process is called “portability.” It’s designed to help workers avoid losing years of progress if they need or want to switch jobs.
Let’s break down the entire process, step by step, so you know what to expect and how to protect your green card journey.
Step 1: Understanding the I-140 Priority Date and Its Importance
- What is the I-140 Priority Date?
- It’s the date your employer started your green card process by filing the PERM labor certification or the I-140 petition.
- This date determines your place in the green card queue.
- Why is it important?
- If you have to start over with a new employer, a new priority date could mean years of extra waiting.
- Porting your priority date lets you keep your original spot, saving you time and stress.
Key Point: Once your I-140 is approved, your priority date is “locked in.” You can use it again if you change employers, as long as you follow the rules.
Step 2: Meeting the AC21 Portability Requirements
To use your I-140 priority date with a new employer, you must meet the following conditions:
- Approved I-140 Petition: Your I-140 must be approved by USCIS.
- I-485 Pending for 180 Days: Your I-485 (Adjustment of Status) application must have been pending for at least 180 days.
- Same or Similar Job: The new job must be in the same or a similar occupational classification as your original job.
What does “same or similar” mean?
– USCIS looks at your job duties, required skills, and the industry.
– The new job doesn’t have to be identical, but it should be close enough that USCIS sees it as a logical move in your career.
Important: If you change jobs before your I-485 has been pending for 180 days, you risk losing your green card process. Your original employer could withdraw the I-140, and you might have to start over.
Step 3: Finding a New Employer and Job Offer
Once you’ve met the 180-day rule, you can look for a new job. Here’s what to keep in mind:
- Job Offer: The new employer must offer you a permanent, full-time job in the same or similar field.
- Job Description: Make sure the job duties and requirements match your previous role as closely as possible.
Tip: Keep copies of your old and new job descriptions. You may need to show USCIS how the jobs are similar.
Step 4: New Employer Files PERM Labor Certification
Even though you can keep your priority date, your new employer must start the green card process from the beginning:
- PERM Labor Certification: The new employer must file a new PERM labor certification with the Department of Labor. This process checks that no qualified U.S. worker is available for the job.
- Timeframe: PERM processing can take several months, depending on the Department of Labor’s workload.
What you need to do:
– Provide your new employer with your previous I-140 approval notice and priority date.
– Work with your new employer’s HR or legal team to gather documents for the PERM process.
Official resource: For more on PERM labor certification, visit the Department of Labor’s official page.
Step 5: New Employer Files I-140 Petition
After the PERM is approved, your new employer must file a new I-140 petition. Here’s what happens:
- Request to Port Priority Date: The employer should ask USCIS to use your original I-140 priority date on the new petition.
- Supporting Documents: Include a copy of your previous I-140 approval notice and proof of your priority date.
Form to use: Form I-140, Immigrant Petition for Alien Worker.
Estimated Timeframe: I-140 processing times vary, but it usually takes several months. Premium processing is available for an extra fee, which can speed up the decision.
Step 6: File Supplement J (If Required)
USCIS may ask you to submit Form I-485 Supplement J to confirm your new job offer and that it matches the required classification.
- Why is this needed? It helps USCIS verify that your new job is in the same or similar field as your original job.
- What to expect: You’ll need to provide details about your new employer, job title, and duties.
Step 7: Continue I-485 Processing
If you already filed your I-485 and it’s been pending for at least 180 days, you don’t need to start over. You can continue your adjustment of status process using your ported priority date.
- What happens next?
- USCIS will review your new employer’s I-140 and your Supplement J.
- If everything checks out, your green card process continues without losing your place in line.
- If you haven’t filed I-485 yet: You’ll need to wait until your priority date is current, then file the I-485 with your new employer’s support.
Estimated Timeline for Each Step
- Finding a new job: Varies (weeks to months)
- PERM labor certification: 6–12 months (can be longer if audited)
- I-140 processing: 4–9 months (can be faster with premium processing)
- I-485 processing: 8–14 months (depends on USCIS workload and your priority date)
Total time: The process can take 1–2 years or more, but porting your I-140 priority date helps you avoid starting from the very beginning.
What Happens If Your Original Employer Withdraws the I-140?
- Before 180 days: If your I-485 has not been pending for 180 days and your employer withdraws the I-140, you may lose your priority date and have to start over.
- After 180 days: If your I-485 has been pending for at least 180 days, your I-140 remains valid for priority date retention, even if your old employer withdraws it.
Multiple I-140 Petitions: If you have more than one approved I-140 from different employers, you can keep the earliest priority date for any future filings.
Recent Policy Updates and What They Mean for You
- No recent changes: As of 2025, USCIS continues to support AC21 portability. There are no new restrictions on keeping your I-140 priority date when changing employers.
- Fee changes: Filing fees for I-140 and related forms changed in April 2024, but these do not affect your ability to port your priority date.
- Filing procedures: USCIS updated some filing steps for I-140 in early 2025, but these changes are about how you submit forms, not about your eligibility to port your priority date.
Stay informed: Always check the USCIS Policy Manual for the latest guidance.
Practical Tips and Common Scenarios
- Maintaining lawful status: Porting your I-140 priority date with a new employer lets you keep your green card process moving forward without losing your place in line.
- Avoiding delays: If you don’t port your priority date, you could face years of extra waiting, especially if you’re from a country with long backlogs.
- Risk management: Changing jobs before your I-485 has been pending for 180 days or moving to a very different job can put your green card at risk.
- Legal help: Because the rules are complex and mistakes can be costly, it’s wise to consult an immigration attorney before making any job changes after I-140 approval.
Expert Perspectives and Employer Considerations
Immigration law experts agree that the I-140 priority date “belongs” to the worker, not the employer. This means you have flexibility to change jobs after meeting the AC21 requirements. However, your new employer must still go through the PERM and I-140 process, even though you get to keep your original priority date.
Employers should understand that hiring someone with an approved I-140 and a ported priority date can help them attract experienced workers who are already far along in the green card process. It’s a win-win: the worker keeps their place in line, and the employer gains a valuable employee without starting from scratch.
Background: Why These Rules Exist
The AC21 portability rules were created in 2000 to help workers who faced long waits for green cards. Before AC21, changing jobs almost always meant starting the process over. Now, as long as you meet the requirements, you can move to a new employer without losing years of progress.
USCIS has issued many policy updates and clarifications over the years, but the core rules about I-140 priority date portability have stayed the same. According to analysis by VisaVerge.com, these rules have helped thousands of workers keep their green card hopes alive, even when their careers take new directions.
Looking Ahead: What to Expect in the Future
- No expected changes: There are no announced plans to restrict I-140 priority date portability in 2025.
- Modernization: USCIS may continue to update how forms are filed or processed, but the main rules about portability are expected to stay the same.
- Stay alert: Always watch for new announcements from USCIS, especially about labor certification and I-140 procedures.
Official Resources and Where to Get Help
- USCIS Official Website: uscis.gov – For forms, instructions, and policy updates.
- USCIS Policy Manual: uscis.gov/policy-manual – For detailed guidance on employment-based immigration and portability.
- USCIS Contact Center: 1-800-375-5283 (within the United States 🇺🇸) – For case-specific questions.
- Department of Labor (DOL): dol.gov/agencies/eta/foreign-labor – For labor certification details.
Actionable Takeaways and Next Steps
- If you’re thinking about changing employers: Make sure your I-140 is approved and your I-485 has been pending for at least 180 days.
- Talk to your new employer: Ensure they understand the need to file a new PERM and I-140, and that they request to port your priority date.
- Keep records: Save all approval notices, job descriptions, and correspondence.
- Consult a professional: Immigration law is complex, and small mistakes can have big consequences. An experienced attorney can help you avoid problems.
- Monitor your case: Check your case status regularly on the USCIS website.
By following these steps and understanding your rights, you can move forward in your career without losing your hard-earned place in the green card line. The I-140 priority date portability rules under AC21 are there to protect you, giving you the flexibility to grow professionally while staying on track for permanent residency in the United States 🇺🇸.
Learn Today
I-140 Priority Date → The date your employer files PERM or I-140, marking your place in the green card queue.
AC21 → American Competitiveness in the Twenty-First Century Act allowing job portability with protected priority dates.
PERM Labor Certification → A Department of Labor process certifying no qualified U.S. workers are available for the job.
I-485 → Form to adjust status, allowing green card applicants to request permanent residency in the U.S.
Portability → The ability to transfer an approved I-140 priority date to a new employer under specific USCIS rules.
This Article in a Nutshell
Navigating the I-140 priority date portability under AC21 lets workers switch employers without losing years in the green card process. Understanding eligibility, timing, and filing new PERM and I-140 petitions safeguards your place in line during career changes in the U.S. immigration system.
— By VisaVerge.com
