Is it possible to ‘port’ the EB-3 process to another employer?

It is important to understand that the EB-3 visa is an employment-based immigration benefit linked to a specific employer. Generally, the EB-3 petition is sponsored by that employer for a specific position, which means that changing to another employer, or what is commonly called ‘porting’ the process, is not automatic.

If you are still at the stage where the original employer is conducting the process – that is, if your Form I-140 (Immigrant Petition for Alien Worker) has not yet been approved – a change to another employer would generally imply restarting much of the process, including obtaining the Labor Certification and filing a new I-140 petition. In other words, the new employer will need to demonstrate from scratch that you meet the requirements for the position and that the job offer is legitimate according to U.S. immigration rules.

On the other hand, if your I-140 has already been approved and you have filed for adjustment of status, you may benefit from the portability rules set forth in Section AC21 (American Competitiveness in the Twenty-first Century Act), provided that your adjustment of status application has been pending for at least 180 days. This rule was designed to offer some flexibility to workers, allowing a switch to a new employer – as long as the new job is in a similar area in terms of duties and responsibilities.

It is a way to protect the worker while the adjustment of status process is ongoing; however, it is critical that the new position closely resembles the one for which the initial petition was approved. Otherwise, this portability may not apply, and the new employer might need to start a new process from the beginning.

In any case, it is crucial to emphasize the importance of following all laws and guidelines of the U.S. immigration service, as well as consulting reliable sources or professionals specialized in the area. The immigration system is complex, and changing employers mid-process can have significant consequences. Furthermore, be cautious of offers that promise quick solutions or guaranteed results – the safest path is to seek information and guidance grounded in law and official procedures to avoid risks and fraud.

These observations serve to advise you to exercise caution and always seek the support of immigration specialists who can analyze your specific case and ensure compliance with all legal requirements.

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.