Form I-485J is shorthand for " I-485 Supplement J" officially titled "Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)." See here for a sample blank form. Basically, Form I-485J is a form that is used to confirm that an applicant for a work visa -- an employment-based green card -- has an actual job offer from an employer. Form I-485J was created in 2017 and replaced the previous requirement that applicants provide "Job Offer Letters" from employers.
When Do I Need to File Form I-485J?
There are a couple of circumstances in which a work visa applicant needs to file Form I-485J.
First, Form I-485J is needed for some persons who are seeking an employment-based green card based on an employer filing a Form I-140 (Petition for Alien Worker). In general, the applicant seeking a green card work visa must also file Form I-485 which is an application to register as a permanent resident. If the I-140 and the I-485 are filed at the same time, then no I-485J is needed.
However, the processing time for some I-140 petitions can be lengthy. As such, it is not uncommon for the original job offer to expire or, at least for the immigration services to THINK that the job offer has expired. In practice, if there is a very lengthy delay in processing an I-140, then the immigration services will send a Request for Evidence asking for confirmation that the job offer is still valid. In response, an applicant and employer should send Form I-485J. Often, failure to send a Form I-485J will result in denial of the I-140 and of the pending Form I-485.
Second, Form I-485J is needed for a person who has a qualified NEW JOB OFFER with the same employer that is different from the job indicated in the original I-140s OR a new job offer with a new employer. This is the "request job portability" under AC21 portion of Form I-485J. This is required when a previously filed I-485 remains pending for at least 180 days, and the applicant seeks a job that is substantially similar.
What is a substantially similar job?
For purposes of job portability under AC21, a substantially similar occupation is one that is at least 51% similar, when comparing the occupation duties and functions.
If the new job offer is with the same employer, then the new job must be in the same or a similar occupational classification with similar job duties as the job indicated in the original Form I-140. Note that, in this circumstance, the employer must be the SAME -- the same company, same location, etc. -- even though a different job is being made available. The employer must also have a current Department of Labor PERM certification for the new job being offered. If the employer is waiting for certification, then Form I-485J should NOT be filed. Rather, the applicant should wait for certification and then file a standard Form I-485.
Form I-485J can also be used with a NEW EMPLOYER if your Form I-485 has been pending for at least 180 days and 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. Your new potential employer must complete its portion of the Form I-485J, but no new I-140 is needed. See information sheet here.
Contact Yekrangi & Associates Today
For more information, contact the Orange County Immigration Attorneys at Yekrangi & Associates today. You are not alone and we will fight for you. Yekrangi & Associates works to meet a higher standard. Our first goal is your satisfaction. Contact us at (949) 478-4963 to schedule a consultation or complete our convenient “Get Your Consultation” form here. We are located in Irvine, California.