New I-485 Supplement Required for Many Employment-Based Cases

The U.S. Citizenship and Immigration Services (USCIS) has released supplement J, a new form to be used in conjunction with applications to adjust status (form I-485). Supplement J serves to provide confirmation of a bona fide job offer or to notify the USCIS in cases where the job is ported to a new employer or a new job. Effective immediately, the supplement J must be included with most I-485 applications being submitted based on a pending or approved I-140.

Purpose of Supplement J

Supplement J is to be used for one of two purposes: (1) to confirm that the job offered in a pending or approved I-140 is still being offered to the beneficiary; or (2) to request that the pending I-485 be ported to a new, same or similar job offer, pursuant to the provisions under the American Competitiveness in the Twenty First Century Act (AC21). See the MurthyDotCom NewsBrief, Final Policy on AC21 “Same or Similar” Job Requirement (07.Apr.2016) for more information on AC21 eligibility.

When Must Supplement J Be Submitted to Confirm a Job Offer?

As explained above, if the foreign national is filing an I-485 based on an approved or pending I-140 petition, a new supplement J is typically necessary. This does not apply if the I-140 petition is being filed concurrently with the I-485. Also, no supplement J is required if the I-485 is being filed based on a national interest waiver (NIW) I-140, or if the I-140 is under the employment-based, first preference (EB1) extraordinary ability category.

When Must Supplement J Be Submitted to Request Job Portability?

If a foreign national with a pending I-485 qualifies for AC21 job portability, a supplement J must be submitted to the USCIS to request that the previously filed I-485 adjustment of status application be approved on the basis of a change of employers or a new job with the same employer, as long as the new employment is considered a “a same or similar” position. The supplement J may be filed proactively by the beneficiary at any time. If not, prior to approving the I-485, the USCIS should issue a request for evidence (RFE) or notice of intent to deny (NOID) to request an updated supplement J.

Procedural Issues for Completing Supplement J

Supplement J must be filled out in its entirety and must be signed in the original by the employee and the employer. The supplement requests information about the sponsoring employer and the proposed job. There is no filing fee for submitting a supplement J.

Conclusion

Supplement J should serve to provide a standardized way of verifying to the USCIS that a job offer continues to exist, or of notifying the USCIS of a new job offer. Although this does not make any substantive changes to the requirements to qualify for an employment-based green card, it is still important to understand the requirements for when this supplement must be submitted.

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