USCIS Makes Easier for Sponsored Workers to Switch Jobs While Applying for Green Cards

Good news for immigrants seeking green cards through job sponsorship! The U.S. Citizenship and Immigration Services (USCIS) has made it easier for these individuals to change employers during the application process.

Previously, sponsored workers were limited in their ability to switch jobs unless their original employer demonstrably could not afford the offered wage.

Now, under the American Competitiveness in the Twenty-First Century Act (AC21), workers with pending adjustment of status applications can change employers even if their initial sponsor wasn't deemed financially sufficient. In such cases, USCIS will consider the employer's financial health at the time the initial sponsorship petition was filed, not at the time of the job change.

This update applies to first, second, and third preference employment-based visas requiring job offers. The change aims to provide more flexibility and opportunity for foreign workers seeking permanent residency.

Key points:

• Sponsored workers can now change employers while their green card application is pending under AC21.

• USCIS will evaluate the original sponsor's financial ability based on the date the initial petition was filed.

• This applies to specific employment-based visa categories.

• The update aims to support and streamline the adjustment of status process.

This revision is effective immediately and applies to petitions submitted on or after its publication date. It builds upon previous guidance from March 2023 and demonstrates USCIS's commitment to improving the immigration experience for sponsored workers.