How Job Loss Can Impact Your Immigration Status in The U.S.

The United States has some of the greatest job opportunities for immigrants. Because immigration law approves only 140,000 work visas a year, the slightest difficulties can make the process feel time-consuming.

Losing your job once you’ve arrived in the U.S. or while you’re still waiting to hear back about your application status can feel like a significant setback. Unfortunately, employers have a right to end the position at any time. When they do, it can leave you at a disadvantage.

If you’ve been impacted by a recent job loss or are struggling to maintain your status, reach out to an immigration lawyer immediately. In the meantime, this article explains what affected immigrants can do while their application is still pending.

What If I Get Fired During the Green Card Process?

With the recent delays in immigration processing, any setback can cost you your chance at moving to the U.S. Fortunately, there is a way around this common dilemma.

Applicants who get fired during the green card process might still be considered for the visa if their employer has completed the labor certification process and filed an I-140 petition on their behalf. You may have also submitted Form I-485 to begin adjusting your status.

After a sponsor withdraws, you have a short window to pursue another work opportunity for a green card. Our attorneys can provide you with the tools and resources you need to keep your priority date. The designated time is delivered by the U.S. Citizenship and Immigration Services (USCIS) once the U.S. Department of Labor receives the employer’s application or petition.

Think of it as your place in line for a green card. Visas will become available to those that qualify as their date approaches. For example, if you had a priority date for January 1, 2020, you could retain that date with your new petition even if it doesn’t get filed until January 1, 2022.

AC21 – American Competitiveness in the 21st Century Act

Clients often wonder, “can I change jobs during the green card process?” Absolutely! In 2000, the U.S. government passed the AC21 law. It grants foreign nationals an opportunity to switch employers if their I-485 application has been pending for over 180 days.

We list some helpful tips below:

• You could change jobs even if your new employer did not sponsor your I-140 petition.
• The new position you receive must be similar to the previous role you held.
• If your receipt for the I-485 application was on June 1, 2021, you could change employers after five months.
• Always notify the USCIS of any differences in employment. Submit Form I-485 Supplement J after 180 days.

Keeping Your Status

If you’re already considered a permanent resident in the U.S., your status does not automatically drop upon losing your job. There are several paths you can take through AC21 to maintain your status and continue with processing.

It will take time for the USCIS to review your case thoroughly, conduct interviews, and eventually accept or deny your application. An employment visa lawyer from Grey Law is well-versed in helping immigrants through the process. We will notify you of the important forms you should file and what you’ll need to work successfully.

Never wait to consult with an immigration lawyer about your options! Applicants also inquire about non-immigrant visas and how to naturalize once they obtain an employment-based green card.

About Grey Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue stalling your citizenship, we are here to help.

COVID-19 has drastically impacted citizenship in the U.S. In the past year, we have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.