On November 18, 2016, DHS published a final rule intended to improve the retention of high-skilled nonimmigrant and immigrant workers. Effective January 17, 2017, the regulations require the use of the new Supplement J to Form I-485 to either:
- Confirm that the job offered to the applicant in the Form I-140 is the basis of the Form I-485 and remains available; or
- Request job portability in a same or similar occupational classification under INA §204(j) where the adjustment application has been pending for 180 days or more.
The final version of Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability under INA Section 204(j) and the accompanying instructions has been posted to the USCIS website. The form requests identifying data regarding the applicant and the employer, asks for the new job description, and includes signature space for the applicant, the employer, and the preparer (if applicable).
When should I file Supplement J?
According to the USCIS website and Supplement J instructions, a Supplement J is required if you are filing Form I-485 based on a previously filed Form I-140 or you have received a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) from USCIS requesting Supplement J. During a February 8, 2017 call with SCOPS, AILA confirmed that USCIS will send an RFE requesting Supplement J if it is not included. If you are concurrently filing a Form I-140 and Form I-485, you do not need to include Supplement J.
If you are requesting job portability to a new, permanent job offer under INA §204(j), you may file Supplement J after your Form I-485 based on an I-140 that has been approved or pending for 180 days or more. You should also file Supplement J if you receive an RFE or NOID asking for confirmation that the job is still available, or if the petitioner has withdrawn the I-140 or has gone out of business.
Is there a fee for filing Supplement J?
There is no filing fee for Supplement J at this time.
Will I receive a receipt notice and/or approval notice?
USCIS will issue a receipt notice when Supplement J is filed and an approval notice when it is approved.
What happens if USCIS determines that the position in Supplement J is not the same or similar to the position described in the underlying Form I-140?
USCIS will issue an RFE on the underlying Form I-485 and allow the applicant to present evidence that he or she either has an indefinite offer of employment with the original sponsoring employer or a new offer of employment for a same or similar position and that he or she intends to assume that position when the adjustment application is approved.
(this information has been generously provided by AILA)