What to Do if Your Sponsoring Employer Shuts Down After I-140 Approval
Navigating the employment-based Green Card process can be complex, especially when unforeseen events occur, such as your sponsoring employer going out of business. If you find yourself in a situation where your I-140 has been approved, but the sponsoring employer shuts down, here are steps you should take to understand your options and protect your immigration status.
Understanding the Impact on Your Green Card Process
Once your I-140, the Immigrant Petition for Alien Workers, is approved, it signifies that the U.S. Citizenship and Immigration Services (USCIS) has recognized your eligibility for an employment-based Green Card based on the job offer and application submitted by your employer. However, if the sponsoring employer ceases operations before you obtain your Green Card, this can significantly impact your application.
Immediate Steps to Take
If your sponsoring employer closes down after your I-140 is approved but before you secure your Green Card, you should:
- Contact an Immigration Attorney: To navigate the complexities of your situation, seek professional legal advice as soon as possible.
- Check Your Priority Date: Look at the latest Visa Bulletin to see whether your priority date is current. If it’s current and you have not yet filed for an Adjustment of Status (I-485), your situation might be more urgent.
- Report the Change: Inform USCIS promptly about the closure of your sponsoring employer.
Exploring Your Legal Options
Depending on the circumstances of your case, you may have several options:
- Finding a New Employer: In some cases, a new employer can file a new I-140 petition on your behalf. If your priority date is current, the new petition can potentially be processed quickly.
- Porting Under AC21: The American Competitiveness in the Twenty-First Century Act (AC21) allows some individuals to port their Green Card process to a new job or employer, provided that the new position is in the same or a similar occupational classification as the job for which the original petition was filed.
AC21 Porting: A Closer Look
Porting under AC21 is an option worth exploring. Here’s what it generally involves:
- The original I-140 petition must have been approved.
- The I-485 application must have been filed and pending for 180 days or more.
- The new job should not be substantially different from the one described in the original I-140 petition.
Filing Without a Sponsoring Employer
In some employment-based Green Card categories, you can self-petition without an employer, such as the EB-1A for individuals with extraordinary ability or the EB-2 National Interest Waiver (NIW). Transitioning to these categories can be an option if you meet the specific criteria.
Maintaining Legal Status
While sorting out your next steps:
- Stay in Status: Ensure that you remain in lawful status by maintaining a valid nonimmigrant status if possible.
- Extend Your Stay: If eligible, apply for an extension of your nonimmigrant status to avoid any period of unlawful presence in the U.S.
Conclusion
An approved I-140 is an important milestone in the Green Card process, but the shutdown of a sponsoring employer can complicate matters. Immediate action and consultation with an immigration attorney will be crucial to evaluate your options and take appropriate steps.
Check the official USCIS website for current information on immigrant visas and the Green Card process to stay informed about your rights and the latest immigration policies.
Further Support and Resources
For additional guidance, consider these resources:
- USCIS: Green Card for Employment-Based Immigrants
- USCIS: Visa Bulletin
- AILA: American Immigration Lawyers Association
Navigating the immigration process post I-140 approval with a sponsoring employer shutdown can be challenging, but with the right information and guidance, you can determine the best course of action towards obtaining your Green Card.
So, there you have it! Dealing with a sponsoring employer shutdown after I-140 approval may seem daunting, but fear not! Just remember to consult an immigration attorney, stay updated on the Visa Bulletin, and consider things like AC21 porting or self-petitioning. And hey, if you want to dive deeper into the world of immigration and visas, head over to visaverge.com for more helpful resources. Happy exploring!
FAQ’s to know:
FAQ 1: What should I do if my sponsoring employer shuts down after my I-140 approval?
Answer: If your sponsoring employer closes down after your I-140 is approved but before you obtain your Green Card, there are several steps you should take. First, contact an immigration attorney to receive professional legal advice. Next, check the latest Visa Bulletin to see if your priority date is current. If it is, and you have not yet filed for an Adjustment of Status (I-485), your situation may be more urgent. Lastly, promptly inform USCIS about the closure of your sponsoring employer.
FAQ 2: Can I find a new employer to sponsor my Green Card after my previous employer shuts down?
Answer: Yes, in certain cases, you can find a new employer who can file a new I-140 petition on your behalf. If your priority date is current, the new petition may be processed quickly. Additionally, you may be able to take advantage of the AC21 provision, which allows individuals to port their Green Card process to a new job or employer, as long as the new position is in the same or a similar occupational classification as the original petition.
FAQ 3: What are my options if I have an approved I-140, but my sponsoring employer shuts down before I obtain my Green Card?
Answer: If you have an approved I-140 and your sponsoring employer shuts down, you may have several options. One option is to find a new employer who can file a new I-140 petition on your behalf. Another option is to explore porting under AC21, which allows you to transfer your Green Card process to a new job or employer, as long as certain conditions are met. Additionally, in some employment-based Green Card categories, you can self-petition without an employer, provided you meet the specific criteria. It is important to consult with an immigration attorney to determine the best course of action based on your specific circumstances.
What did you learn? Answer below to know:
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What should you do if your sponsoring employer shuts down after your I-140 approval?
a) Contact an immigration attorney
b) Ignore the situation and wait for further instructions
c) Notify the USCIS after six months
d) Start the Green Card application process from scratch -
True or False: If your priority date is current and you haven’t filed for an Adjustment of Status, your situation might be more urgent after your sponsoring employer shuts down.
a) True
b) False -
Which act allows individuals to port their Green Card process to a new job or employer?
a) Green Card Portability Act
b) American Competitiveness Act
c) Twenty-First Century Immigration Act
d) American Competitiveness in the Twenty-First Century Act (AC21)
