Transferring an EB-3 petition to a new employer is a situation that arises when the applicant changes jobs while waiting for immigration, or when the original employer can no longer sponsor them. Depending on the case’s stage, the transfer method and the conditions for retaining the priority date differ. This article guides you clearly through the process of transferring an EB-3 petition to a new employer.
Transferring an EB-3 petition to a new employer: two paths
The first path applies when the case is still at an early stage (I-485 not yet filed, or filed for less than 180 days). In that case, the new employer usually has to start the process over: applying for labor certification and filing a new I-140 petition. However, the applicant can still keep the priority date from the previously approved I-140.
The second path applies once I-485 has been filed and the 180-day wait has been met. At this point, the job portability rule allows a move to a similar job without having to restart the entire process.
Conditions for retaining the priority date
To retain the priority date when transferring an EB-3 petition to a new employer, the applicant needs an approved I-140 petition that has not been revoked for fraud. The new case will reference the old petition to preserve its place in the queue.
Keeping full documentation of the old case is an important practical requirement. Missing the approval notice or receipt number will make it difficult to prove the original priority date.
Notes when the new job differs
When transferring under the job portability rule, the new job must be in the same or a similar occupational group as the job in the original petition. If the new job is entirely different, the case may be reconsidered.
You should refer to adjustment of status process and consult an attorney before changing jobs, to avoid disrupting the ongoing immigration process.
Summary
Transferring an EB-3 petition to a new employer is entirely feasible if you clearly understand which stage the case is at and meet the conditions for retaining the priority date. Keeping full documentation and seeking professional advice before changing jobs will help the process go smoothly.
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References
- USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- USCIS — Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
Read more: Overview of the EB-3 visa for US immigration · EB-3 Biometrics: How Fingerprinting at USCIS Works
