OUR IMMIGRATION SERVICESForm I-485 Supplement J Filing Services for Job Changes

Author: Attorney Vitaly Malyuk. License: MO No. 73573

OUR IMMIGRATION SERVICESForm I-485 Supplement J Filing Services for Job Changes

What is Form I-485 Supplement J and when is it required?

Form I-485 Supplement J, officially titled the Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), is a critical document in the employment-based green card process. It is used when an applicant with a pending Form I-485 – the Application for Permanent Residence or Adjustment of Status – either:

Confirming the validity of their existing job offer, or
Applying for job portability to a new employer under the American Competitiveness in the Twenty-First Century Act (AC21).

This supplement ensures that the U.S. Citizenship and Immigration Services (USCIS) recognizes the new job offer as being in the same or similar occupational classification as the original, thereby preserving the applicant’s eligibility for a green card based on the original Form I-140 petition.

Supplement J must be filed if:

The petitioner changes employers after the I-485 has been pending for 180 days or more, and

The new position is substantially similar in terms of duties and classification.

BOOK A CONSULTATION

Eligibility for Filing Supplement J

Who Must File and Eligibility Criteria

Form I-485 Supplement J is required for applicants with a pending Form I-485 based on an approved or pending employment-based immigrant petition, such as Form I-140. The form serves two main purposes: to confirm the validity of the original job offer or to request job portability under AC21 when changing employers. For portability, the I-485 must have been pending for at least 180 days and the new job must be in the same or a similar occupational classification as defined by the Department of Labor’s Standard Occupational Classification (SOC) codes.

Applicants must provide comprehensive evidence that the new position is equivalent to the original position in terms of duties, skills, qualifications and responsibilities. This evidence typically includes detailed job descriptions, offer letters, and, if applicable, organizational charts or other documents outlining the scope of the position. Both the petitioner and the new employer must complete and sign the form, ensuring that all required fields are completed accurately.

The completed form must be submitted to USCIS along with supporting documentation, such as the I-140 Petition Approval Notice (if approved), the I-485 Receipt Notice, and any additional materials that support the job similarity and the petitioner’s continued eligibility for adjustment of status. Failure to provide sufficient evidence may result in a Request for Evidence (RFE) from USCIS, delaying the process.

Step-by-Step Process

Filing Form I-485 Supplement J requires precision to meet USCIS requirements. Start by confirming eligibility, ensuring that the I-485 has been pending for at least 180 days, and that the new job matches the occupational classification of the original position. Next, complete the form accurately, with the applicant providing personal information and the employer outlining the job offer, including duties, salary, and requirements. Gather supporting documents, such as a signed offer letter, a copy of the I-140 approval (if available), and the I-485 receipt notice.

Mail the complete package to the USCIS address provided in the form instructions, ensuring proper packaging and tracking for secure delivery, and note that no filing fee is required for Supplement J. After submission, be prepared for potential Requests for Evidence (RFEs) from USCIS, which may request additional documentation or clarifications-prompt and thorough responses are critical to avoid delays. Open and clear communication with the employer throughout the process is essential to address any discrepancies or updates.

At Arvian Law Firm, we specialize in navigating the complexities of Form I-485 Supplement J filings, providing expert guidance tailored to your unique situation. Our dedicated team provides comprehensive support, from document preparation to RFE responses, ensuring a seamless and efficient process. Contact Arvian Immigration to benefit from our in-depth expertise and personalized assistance in achieving your employment-based green card goals.

Answers to FAQs

What is Form I-485 Supplement J and who must file it?

Form I-485 Supplement J is used to attest to a bona fide job offer or to apply for job portability under INA Section 204(j). It is required for individuals petitioning for a green card through employment (based on Form I-140) if they are either continuing with their original employer or changing employers after their Form I-485 has been pending for 180 days.

When is Supplement J required?

You must file Supplement J if you change jobs while your I-485 petition is pending. It’s also required if USCIS requests confirmation of your continuing job offer or if you are filing Form I-485 based on a pending I-140 petition that has not yet been approved.

What does "same or similar occupational classification" mean?

To qualify for portability, the new job must be in the same or similar occupational classification as the original job listed on the I-140. This is generally determined using the Department of Labor’s Standard Occupational Classification (SOC) codes by comparing duties, skills, and required qualifications..

Can I change employers before my I-485 has been pending for 180 days?

No. To qualify for employment portability using Supplement J, your I-485 must have been pending for at least 180 days. Changing employers before this time may jeopardize your adjustment of status.

Does the new employer have to sponsor me or file a new I-140?

No. If your I-140 is already approved and your I-485 has been pending for more than 180 days, the new employer does not have to file a new I-140. However, they must complete and sign Supplement J to certify the new job offer.

Is there a filing fee for the Form I-485 Supplement J?

No. There is currently no government filing fee for filing the Supplement J with USCIS.

Can Arvian Immigration help me with my Supplement J application?

Yes, we can. At Arvian Immigration, we specialize in employment-based green card processing, including job changes and Supplement J filings. Our team ensures that your new position qualifies, prepares all necessary documentation, and handles communication with USCIS to protect your immigration status during the transition.