If you’ve obtained your permanent residency through an employment-based green card, often times during your naturalization process you will be asked to provide proof that you worked for the employer. Sometimes this process took place many years earlier and proof of employment is hard to obtain. Other times, your employment ended with the sponsoring entity before you obtained your green card. Does this mean you cannot naturalize? No, we’ve dealt with this issue and have a solution.
Intention to Work
An I-140 beneficiary and adjustment applicant must possess the intent to work for the petitioner at the time the immigrant petition is filed and at the time the adjustment of status application is approved. Therefore, it is not required that you actually have worked for the employer if there is other evidence to show your intention to work.
Job Portability Under AC21
If you have worked for another employer that is similar to the occupation outlined in your labor certification, then there may be grounds to argue that the occupation is sufficiently similar. In this scenario, you would not need proof that you worked for the actual sponsoring employer.
It may be easy to assume you don’t have evidence that is requested by USCIS. Often times, however, a legal response to the Request for Evidence, which outlines the legal requirements can help to remind USCIS that what they are requesting is not actually required. If you are facing this issue, please contact our law office today.