美国移民局是如何根据AC21确定工作转换是否是相同或相似的职业分类

如果您有待审核的I-485表格(根据工作申请注册永久居留权或调整身份),如果您打算更换的工作或雇主与I-140表格中填写的工作属于相同或相似的职业分类,那么您就可以更换工作或雇主。为了更改工作或雇主,您的I-485表格必须在USCIS审理180天以上。您可以依据INA第204(j)节的要求,使用I-485表格,附录J,job portability的适用性来更换工作或雇主。

“port”或者“porting”是指更换了同一雇主的不同岗位或者更换了雇主,依然能够保持绿卡申请资格,而不用再重新递交一遍I-140移民申请。

If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status based on employment, you may be able to change the job or employer on which your Form I-140, Immigrant Petition for Alien Worker, is based as long as the new job offer is in the same or a similar occupational classification as the job offer for which the Form I-140 petition was filed. For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more. You may request to “port” your job offer using the Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). See section 204(j) of the Immigration and Nationality Act (INA), which was enacted from section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), for more information.

The term “port” or “porting” means to change the offer of employment from one job or employer to another job or employer in a way that allows an applicant to remain eligible for a Green Card without having a new Form I-140, Immigrant Petition for Alien Worker filed, for the applicant.

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