After submitting the I-140, can I work for another company?

It is important to start by understanding that filing the I-140 represents a fundamental step in the journey toward permanent residency, but it is only part of a process involving various stages and requirements. The question of working for another company after submitting the I-140 depends on several factors, such as the EB-1 category you are using and the nature of the petition.

In petitions that require a job offer – for example, in some EB-1 subgroups – I-140 approval is based on the position offered by the sponsor. If you choose to change jobs before this step is fully consolidated (such as changing jobs before the adjustment of status process, the I-485, takes effect or before meeting other requirements), this may affect the consistency and legitimacy of your process, since the I-140 was filed based on a specific employment relationship.

In other words, if the petition was sponsored by a particular company, moving to another company might raise questions about the veracity of the job offer supporting your immigration petition.

On the other hand, there are situations where certain beneficiaries may have more flexibility. For instance, if you qualify through criteria that do not require an exclusive job offer – such as the EB-1A for extraordinary ability – the restriction regarding the employer may be less stringent, since this category allows self-petitioning.

Furthermore, if your I-140 petition is approved and you initiate the adjustment of status process (form I-485) and keep this process pending for at least 180 days, U.S. law (through the portability provision under Section AC21) may allow you to change employers, provided the new job is in the same field or a similar role.

In any situation, it is essential that you strictly comply with U.S. immigration laws and adequately inform yourself about the impacts of a job change on your case. Given the complexities and particularities of each case, it is recommended to consult immigration professionals who can assess your specific situation and guide you correctly, always taking care to avoid inaccurate information or promises of quick results spread by dubious marketing campaigns.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.