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Do
I Need to File Form I-485 Supplement J for Job Offer Verification? |
| Hi
William, I am prepare the Form I-1485 application based on the Form I-140 approval in EB2 National Interest Waiver category. Do I need to file Form I-485 Supplement J for job offer verification? Answer, If an alien applicant is filing Form I-485 based on a valid Form I-140 approval in an employment-based immigrant visa category that requires a job offer, the alien applicant will need to file Form I-485 Supplement J, and submitting a job offer letter. The Form I-485 Supplement J is required to: 1) Confirm that the job
offered to you in Form I-140 remains a bona fide job offer, that you
intend to accept once your
Form I-485 is approved; or 2. This job offer must be in the same or a similar occupational classification, as the job offered to you in Form I-140 that is the basis of your Form I-485. In adjudicating Form I-485 Supplement J, USCIS does not make a determination whether you have current work authorization with an employer. The basis for adjustment of status to lawful permanent resident under a valid Form I-140 is not actual (current) employment. Rather, the basis is prospective employment. Therefore, the adjudication of Supplement J, for applicants requesting job portability is primarily limited to a determination of whether you have a bona fide job offer from a U.S. employer, that is in the same or a similar occupational classification as the position for which the underlying Form I-140 was filed and approved. But an alien applicant seeking or granted an EB2 National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of EB1 extraordinary ability do not need to file Form I-485 Supplement J. This is because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or granted classification as an alien of EB1 extraordinary ability or seeking or granted a EB2 National Interest Waiver of the job offer requirement do not have to file Supplement J when filing Form I-485. |
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