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What is Form I-485 Supplement J?
When you seek an employment-based green card after your employer files Form I-140 (Immigrant Petition for Alien Workers), the USCIS may require you to file Form I-485J to show that you have a job offer. However, you may not need to file supplement J if you file the I-485 and I-140 simultaneously.
Form I-485 is formally known as Request for Job Portability or Confirmation of Bona Fide Job Offer. The USCIS requires the application for certain employment-based applicants seeking Adjustment of Status. The process can be complex if you’re unfamiliar with how it works, but skilled immigration lawyers in Houston can provide legal counsel.
What is Form I-485 Supplement J Used For?
The law has certain provisions for employment-based adjustment of status petitions to change jobs or employers while their Application to Register Permanent Residence is pending. Employment authorization attorneys in Houston explain that the applicant of an approved employment-based immigration visa petition may transfer or “port” to a qualifying new job opportunity.
However, the new offer must be in the same occupational classification as the job for which the applicant filed the petition. The employer may be the same one that filed the petition or a different one. These provisions are known as portability, and employees who use such benefits are considered to have “ported” petitions filed on their behalf to a new job offer.
Who Is Eligible to File I-485 Supplement J?
Under INA 204, you can qualify for portability as an adjustment applicant if you meet the following conditions:
- You are the beneficiary of an approved Form I-140 petition or of a pending petition that is later approved
- You file the petition in the 1st, 2nd, or 3rd preference employment-based category
- Your properly filed application has been pending with the USCIS for 180 days or more at the time the agency receives the request to port
- The new job opportunity through which you seek to change your status falls in the same or similar occupational category as the job specified in the petition
- You submitted a request to port and submitted a Confirmation of Bona Fide Job Offer under INA Section 204(j).
When is I-485 Supplement J Required?
Houston employment authorization lawyers explain that Form I-485 Supplement J is required or requested under the following circumstances:
New I-485 Applications
When making a new application for I-485 Adjustment of Status based on an approved or pending I-140 immigrant petition, I-485 Supplement J is required. However, some notable exceptions are:
- When filing I-485 concurrently with I-140.
- When filing I-485 based on EB-2 I-140 National Interest Waiver (NIW) or EB-1 extraordinary ability. The two categories allow for self-sponsorship.
I-485 Porting to a New Employer Under AC21
If you have a pending I-485 Adjustment of Status petition that is being ported to a new employer or job, you will also require the I-485 Supplement J. Remember the new job or position must be the same or similar, as detailed under the American Competitiveness in the Twenty-First Century Act (AC21).
The USCIS doesn’t require a proactive AC21 portability filing in this kind of application, but they have expressed a preference for proactive notification. The Supplement J Form serves the purpose of the notification.
I-485 or NOID
The USCIS will likely issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if you did not initially provide the I-485 Supplement J. You may also receive NOID if you did not submit AC21 porting notification at the time of job change. The notice is accompanied by a request for an updated Supplement J and possibly other items before the USCIS approves your I-485.
How Can I File I-485 Supplement J?
You and your employer must complete Form I-485 Supplement J. The seven-page Form has a section for the applicant that asks for more than basic contact information in Parts 1 to 4 of the Form. The employer’s sections are Parts 5, 6, 7, and 8, requiring the following information.
- The employer’s finances
- Employer Identification Number
- Number of employees
- A description of the position and duties,
- North American Industry Classification System (NAICS) code
- The Standard Occupational Classification (SOC) code
The Form’s preparation requires careful analysis to enhance the chances of successful job portability. The employer must also attest to being a “viable” employer, meaning they possess the capacity to employ the applicant in the described position. The purpose is to reduce welfare dependency. Skilled employment authorization attorneys in Houston can provide legal counsel.
When to File Form I-485J
You may file Form I-485 Supplement J proactively at any time, with the Service Center adjudicating the Form I-485. Ensure that you include a copy of the Form I-485 Receipt Notice when submitting Supplement J. The USCIS doesn’t charge any fees for filing Form I-485 Supplement J.
A Skilled Immigration Attorney Helping You Navigate I-485 and Supplement J Issues
The USCIS makes regular efforts to streamline the processing of I-485 applications and the collection of relevant information without making many changes to the process. However, the process can be confusing for new applicants and their employers, especially in the context of AC21 portability.
The guidance of skilled employment authorization attorneys in Houston is crucial to minimize mistakes. The Law Office of Shelle-Ann Simon, PLLC, is available to assist with your I-485 and I-485 Supplement J applications.
Our experienced Houston immigration attorneys can answer all your questions regarding the applications, including how the USCIS determines the same or similar occupational classification and the wage factor in the determination. Call us at 281-606-0800 to schedule a case evaluation.
