Understanding When to Submit an I-485J or Supplement J

In the journey to U.S. permanent residency, navigating the intricacies of immigration forms and requirements is crucial. Among these, the Form I-485J, known as Supplement J, stands out for its specific role in employment-based adjustment of status applications. This blog delves into what Supplement J is, its importance, when it should be used, and offers recommendations on its submission timing to optimize your application process.

What is Supplement J?

Supplement J (Form I-485J), formally referred to as the Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), is a critical document for individuals undergoing the U.S. permanent residency (green card) application process through employment. This form serves two main purposes:

1. Confirmation of a Bona Fide Job Offer: It confirms that the job offer listed in the initial I-140, Immigrant Petition for Alien Workers, is genuine and will be available to the applicant once they obtain permanent residency.
2. Request for Job Portability: For applicants who decide to change employers while their I-485 application is pending, it allows them to “port” their application to a new job, provided that the new job is in the same or a similar occupational classification as the job offered in the initial I-140 petition.

When is Supplement J Used?

There are two primary scenarios in which Supplement J is utilized:

1. At the Time of Filing I-140

When filing Form I-140, if the applicant is also ready to submit Form I-485, Application to Register Permanent Residence or Adjust Status, due to a current priority date, Supplement J should be included to confirm the bona fide job offer. This step is essential to demonstrate to the United States Citizenship and Immigration Services (USCIS) that the employment basis of the green card application is legitimate and ongoing.

2. When Changing Jobs (Job Portability)

The American Competitiveness in the Twenty-first Century Act (AC21) allows for job portability. This means that an applicant can change jobs or employers without affecting the I-485 application, provided that the new job is in the same or similar occupational classification. If an applicant decides to change jobs while their I-485 is pending and after their I-140 has been approved, they must submit Supplement J to request this job portability.

Recommendations on Submission Timing

The timing of Supplement J (Form I-485J) submission can significantly impact the efficiency and outcome of the green card application process. Here are recommendations based on different situations:

Proactive Submission

• At I-140/I-485 Concurrent Filing: When filing I-140 and I-485 concurrently, including Supplement J at the outset can streamline the process, ensuring that the USCIS has all necessary confirmations of employment without delay.
• Upon Changing Jobs: If you change jobs after filing your I-485 but before its approval, it’s advisable to submit Supplement J proactively. This approach demonstrates your compliance with AC21 portability requirements and helps avoid potential delays or questions from USCIS about your employment.

Reactive Submission

• In Response to a Request for Evidence (RFE): If USCIS issues an RFE related to your employment or job offer, then submitting Supplement J (Form I-485J) as part of your response is necessary. However, waiting for an RFE to submit Supplement J, especially in the case of a job change, is not recommended as it could result in unnecessary delays.

Conclusion

Understanding when and how to use Supplement J is vital for a smooth transition through the employment-based green card process. Whether confirming a bona fide job offer at the time of your I-140/I-485 concurrent filing or requesting job portability due to a career move, timely submission of Supplement J (Form I-485J) is key.

Proactively managing your Supplement J submission can significantly mitigate potential challenges, ensuring that your path to permanent residency is as seamless as possible. In summary, while you might wait for an RFE from USCIS in certain situations, the proactive approach of submitting Supplement J when changing jobs is generally advisable to maintain the momentum of your green card application process.

Navigating the U.S. immigration landscape requires patience, precision, and timely action. By understanding the role and timing of Supplement J submissions, applicants can enhance their prospects for a successful adjustment of status, moving one step closer to achieving their American dream.

Final Thoughts

Always consult with an immigration attorney for personalized advice and to ensure compliance with the current immigration laws and policies. Immigration laws are complex and subject to change, and professional guidance is essential to navigate them effectively.