After the I-140 is approved, can I change employers during adjustment of status?

It is important to first understand that the EB-3 visa is one of the employment-based immigration pathways in the United States, where the employer plays a fundamental role by sponsoring the candidate, initiating the process with the labor certification (PERM) and the I-140 petition.

Given this scenario, many people wonder about the possibility of changing employers after the I-140 approval, especially during the adjustment of status. The answer depends on some specific factors and conditions.

If the adjustment of status (Form I-485) has already been filed and has been pending for at least 180 days, it may be possible to use the provisions of the American Competitiveness in the Twenty-First Century Act (AC21) for ‘job portability.’ This rule allows, under certain conditions, the beneficiary to change employers, as long as the new job is in a ‘similar occupational classification.’ In other words, the new employment must have duties, responsibilities, and qualifications that resemble the original position for which the visa was approved.

However, if the adjustment of status has not yet been filed or has not been pending for the minimum 180-day period, changing employers may complicate or even prevent the continuation of the process based on the approved I-140. In these cases, the new employer will need to start a new labor certification and petition process, which can take time and present additional risks if the requirements are not fully met.

In any situation, it is essential to strictly follow United States immigration laws. Always seek information through official sources and keep in mind that promises of quick results, whether by marketing campaigns or unauthorized specialized companies, can lead to problems or even scams. Seek trusted expert advice and avoid hasty decisions, ensuring that all changes comply with legal requirements.

Remember: each case is unique, and the best strategy will depend on individual circumstances; therefore, it is crucial to stay well informed and cautious when planning changes in the immigration process.

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.