If you find a new job after you have already submitted your green card application, don’t panic — usually, you don’t need to change your application immediately. Yet you’ll also have to bring evidence of your new job to your marriage green card interview, like a recent employment letter and pay stubs.
Did You Have To Update Your Application?
The green card application is never changed if you change jobs. For most green card holders, you can simply continue with the green card application as-is. Rather, bring current documents to your green card interview to ensure that you’re not behind in your employment. This typically includes:
- An official job application letter from your new company.
- The most recent pay stubs that detail what you were making at the new job.
- But if your sponsoring spouse (the US citizen or green card holder who is sponsoring your application) no longer works, they will need to bring proof that they have a joint sponsor to financially support you. This is because the unemployed sponsor may no longer be able to fund the applicant out of their pocket.
What Is an Employment Verification Letter (EVL)?
An employment verification letter (EVL) is a formal document that demonstrates that you’re still working. Banks, landlords, or immigration officials are usually asking you to provide them with proof of employment and earnings.
It’s a vital letter for immigration applications such as your green card application especially if you’re applying under marriage or family ties. It’s also known by other names such as proof of employment letter or verification of employment (VOE), though it’s not the same thing as an EAD, or work permit.
When Do You Require An Employment Verification Letter?
An EVL can be needed as evidence for many immigration-related purposes such as:
Applying for a Green Card:
The U.S. government will ask for evidence of your sponsoring spouse’s income if you are applying for a family- or marriage-based green card. You typically do this by filing Form I-864 (the Affidavit of Support). This is the form that establishes that the sponsor is capable of affording to care for the candidate. This form should be accompanied by supporting financial documents, such as pay stubs, tax returns, and employment verification letters. If you have been in a new job, the letter will verify your present income and employment.
For Self-Employed Green Card Sponsors:
You will also have no Form W-2 (or income-proving document) if you are self-employed. Instead, you will have to provide a self-signed employment verification letter. This letter should explain your company, revenue, and other financial data. You may also have to attach additional documentation, such as your company tax certificate, customer contracts, or bank statements.
How to Apply for a Visitor Visa (B-2)
For a tourist visa, the US state needs to know that you have close ties with your country and won’t stay too long. An employment letter is also an opportunity to show that you’ve got a job to go back to once your stay is complete.
Working Visa (e.g., H-1B/L-1):
Work visa applications usually ask for documentation of your work experience and training. EVL will be a necessary piece of paper to do this, where you are going to list your history, position, and skills. So for instance, the experience requirement of H-1B is one; and for L-1 visa applicants, they require at least one year of work experience prior to application.
Employment-Based Green Card Applications:
For job-based green card applicants, an EVL is important. It will specify the job responsibilities, titles, and duration of your work. It’s one of the documents used to decide if you qualify for a green card.
Request for Temporary Business Visa (B-1):
You need an EVL if you’re entering the U.S. on business for less than 30 days to demonstrate your employer’s permission and to verify your intentions. The letter must mention that you will not be paid by a U.S. source and that you are conducting business.
What Should Go On the Employment Verification Letter?
The employment verification letter will need some specific information so it can be sufficient to be considered for immigration. *The specifics will vary based on the kind of application, but here are some guidelines to follow:
- Authorship Date (cannot be later than 3 months)
- Work dates (year of start and year of termination, if any)
- Position title and job description (title, primary responsibilities)
- Type of Work (full-time, part-time, contract, etc.)
- -Wages/Wage (monthly, weekly, annual salary)
- Employer’s contact details (name, phone number, etc.)
- Signature of employer and title (if any)
- For independent workers, the letter can be written by you and signed by you, notarized for verification is optional.
How To Request An Employment Verification Letter?
There are different ways to ask for an employment verification letter:
- Ask your manager or HR: This is usually the easiest way. Give them all the information they need to write a correct letter.
- Use a service: Some companies work with third-party employment verifications. These services can accelerate the process if your employer is part of it.
- You can give them a template: If you aren’t working for an employer with a set format, you can give them a template.
Green Card Marriage Interview: The Things You Need to Know What You Don’t Know?
The marriage green card interview is an essential step in the green card process. The interview is meant to make sure your marriage is not a sham. During the interview, your spouse and you will be asked questions about each other, your daily routine, and your future together. Answer honestly and have all the paperwork to back up the fact that your marriage is real.
You’ll have to get ready by sorting through all your paperwork such as your employment certificate and any additional items such as tax returns, joint bank statements, or pictures of your family together.
Why You Should Consider Employment Verification Letters
And if you get a new job after filing for your green card, do not update the application – just bring your new employment documentation to the interview. You need these letters of employment to prove you are still making a profit, whether you are sponsoring someone else or trying to get a visa for yourself. Make sure that your letter is detailed and accurate so you don’t wait for your immigration.
Consequences of Changing Employers Before Green Card Approval
Changing employers before your green card is approved can have significant implications for your immigration status. The employment-based green card process is closely tied to the sponsoring employer, and switching jobs at this stage can jeopardize your application.
Potential Consequences
- Application Denial: If you change jobs before your I-485 application is approved, it could lead to denial. USCIS may interpret this as a lack of intent to work for the sponsoring employer, which is a fundamental requirement of the employment-based green card process.
- Reapplication Requirement: In most cases, if you change employers before your I-485 is filed or approved, you may need to restart the green card process with the new employer, including obtaining a new PERM labor certification and filing a new I-140 petition.
- Exceptions Under AC21: There are limited exceptions under the American Competitiveness in the Twenty-First Century Act (AC21) that allow for job changes without jeopardizing your application. However, these exceptions typically apply only after your I-485 has been pending for at least 180 days and if the new job is in the same or a similar occupational classification.
Timing of Job Changes
The timing of your job change is critical. If you switch jobs after your I-140 has been approved and your I-485 has been pending for over 180 days, you may be able to port your application to the new employer without starting over. This is contingent on the new position being similar to the one described in your original I-140 petition.
Changing Jobs After Green Card Approval
Once you receive your green card, you have more flexibility regarding employment changes.
Freedom to Change Jobs
- No Legal Restrictions: After receiving your green card, there are no legal restrictions preventing you from changing jobs immediately. You are free to pursue new opportunities without notifying USCIS.
- Best Practices: While there are no legal obligations to remain with your sponsoring employer, it is generally advisable to stay for at least six months post-approval. This can help avoid any potential scrutiny during future naturalization applications, as USCIS may question whether you intended to work permanently for the sponsoring employer at the time of approval.
Impact on Green Card Status
Your green card status remains intact after changing jobs, provided that you do not violate any terms related to your employment-based sponsorship. However, if USCIS suspects that you changed jobs with the intent to circumvent immigration laws, it could affect future applications for citizenship.
Job Changes During the I-485 Adjustment of Status Process
Switching jobs during the I-485 process can complicate matters significantly.
Effects on Green Card Approval
- Potential Denial: Changing jobs while your I-485 is pending can lead to denial unless you qualify under AC21 portability rules. If USCIS determines that you no longer intend to work for your sponsoring employer, it could conclude that you do not meet the requirements for permanent residency.
- Documentation Requirements: If you do switch jobs during this stage and wish to maintain your green card application, you will need to provide documentation proving that your new job is in a similar field and that your I-485 has been pending for at least 180 days.
Managing Job Transitions While Waiting for Your Green Card
If you’re considering a job change while waiting for your green card approval, follow these best practices:
- Consult an Immigration Attorney: Before making any decisions, consult with an immigration attorney who can provide guidance based on your specific situation and help navigate potential risks.
- Document Everything: Keep detailed records of all correspondence and documentation related to both your current employment and any potential new positions. This will be crucial if questions arise regarding your intent or eligibility.
- Notify USCIS if Necessary: While not always required, if there are significant changes in your employment status or job role during the adjustment process, consider notifying USCIS or seeking legal advice on whether it’s necessary.
Considerations for Switching Jobs When on an H-1B Visa
Changing jobs while on an H-1B visa and applying for a green card involves additional considerations.
Implications of Job Changes
- Maintaining Visa Status: If you’re switching employers while on an H-1B visa, ensure that the new employer files an H-1B petition on your behalf before leaving your current job to maintain legal work status.
- Green Card Eligibility: To ensure continued eligibility for a green card when changing jobs under H-1B status, follow AC21 guidelines by ensuring that both employers have approved petitions and that the new position aligns with the original job classification.
How Job Location Affects Your Green Card Application
Changing your job location can significantly impact your green card application, particularly for employer-sponsored petitions. Understanding the implications of such a move is essential for maintaining your immigration status and ensuring a smooth application process.
Impact of Moving to a New City or State
- Location-Specific PERM Labor Certification: The PERM labor certification process is tied to the specific area of intended employment. If you move to a different Metropolitan Statistical Area (MSA), it may trigger the need for a new PERM certification. The Department of Labor defines the area of intended employment as the normal commuting distance from the job site, and moving outside this area generally requires a new labor certification.
- Job Offer Validity: If your new job location is within the same MSA, you may not need to refile your PERM application. However, if your job involves multiple locations or telecommuting, the original PERM may still be valid. It’s crucial to assess whether your new position aligns with the original job description and responsibilities outlined in your green card petition.
Job Title and Duties in Green Card Applications
Your job title, responsibilities, and experience are critical components of your green card application.
- Alignment with Job Description: When changing jobs, ensure that the new position closely matches the job description in your green card petition. If there are significant changes in duties or if the new role represents a material change (more than 50% difference), you may need to start the green card process anew.
- Evaluation Criteria: USCIS evaluates whether a new position is in the same or similar occupational classification based on several factors, including:
- DOL occupational classification codes
- Job duties and skills required
- Education and training necessary for the position
- Offered wages.
What to Do if You Receive a Job Offer While Your Green Card Application Is Pending
Receiving a job offer while your green card application is pending requires careful consideration.
- Evaluate Potential Impacts: Assess how accepting the new position might affect your pending application. If you are under AC21 portability rules (having filed an I-485 for over 180 days), you may be able to change jobs without restarting the process, provided the new role is similar.
- Key Considerations:
- Job Similarity: Ensure that the new job aligns with your current role.
- Employer Communication: Discuss potential changes with both your current and prospective employers.
- Legal Counsel: Consulting an immigration attorney can provide clarity on how best to proceed without jeopardizing your application.
How Changing Jobs Affects Your Spouse’s Green Card Application
Your spouse’s green card application may also be affected by your job changes.
- Dependent Applications: Spousal applications are often tied to the primary applicant’s employment status. If you change jobs, it could impact their eligibility or processing timeline depending on how closely related their application is to yours.
- Communication with USCIS: It’s essential to keep USCIS informed about any changes that might affect dependent applications. This ensures that all parties remain compliant with immigration regulations.
How to Communicate with USCIS About Job Changes
Informing USCIS about job changes during your green card process is crucial for maintaining compliance.
- When to Inform USCIS: Notify USCIS if there are significant changes in employment status that could affect your application, especially if you are switching employers or if there are material changes in job duties.
- Required Information: When communicating with USCIS about a job change, provide:
- A detailed explanation of the new role and how it relates to your previous position.
- Updated documentation supporting your new employment status.
- Any relevant forms, such as I-485J if applicable under AC21 portability rules.
Green Card Denials Due to Job Changes: How to Avoid Common Pitfalls
Certain pitfalls can lead to green card denials when changing jobs.
- Common Reasons for Denial:
- Failure to maintain alignment between job duties and the original petition.
- Not filing a new PERM when required due to significant changes in job location or responsibilities.
- Lack of communication with USCIS regarding employment changes.
- Avoiding Jeopardy:
- Always consult with an immigration attorney before making any job changes during the green card process.
- Ensure that any new position is similar enough to avoid complications under AC21 portability.
- Keep thorough documentation of all communications and updates related to employment changes.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an E-2 Visa or an Employment-Based Green Card, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you
