Job changes and career transitions are common in the tech industry and scientific fields. If you’re pursuing permanent residency through an EB-1A visa, you might be concerned about how changing employers or losing your job could affect your immigration status.
The good news is that among employment-based green card categories, the EB-1A offers unique advantages for those experiencing job changes.
EB-1A's Advantage for Employment Changes
The EB-1A (Extraordinary Ability) visa differs significantly from other employment-based immigration categories because it doesn’t require an employer sponsor. As a self-petitioned visa, it provides flexibility that makes EB-1A change of employer situations much less problematic than with other visa categories.
When you file an EB-1A petition, you’re essentially asserting that:
- You possess extraordinary ability in your field
- You plan to continue working in that field in the United States
- Your entry will substantially benefit the United States
Notably absent from these requirements is any mention of a specific employer. This fundamental difference means that if you need to change employers after filing your EB-1A visa petition, the impact on your immigration case is often minimal.
The Impact of Job Changes at Different Stages of the EB-1A Process
How an EB-1A change of employer situation affects your case depends greatly on where you are in the immigration process. Let’s break down the potential impact at each stage:
After Filing I-140 but Before Approval
If you’ve filed your I-140 petition (Immigrant Petition for Alien Worker) and it’s still pending when you lose your job or change employers, the good news is that typically your EB-1A case will continue to be processed. Since the EB-1A is a self-petitioned category, USCIS will continue to adjudicate your petition.
As Priya Alagiri, founder of Alagiri Immigration Law, explains: “One of the greatest advantages of the EB-1A category is that job changes during the pending I-140 does not require withdrawal of your petition. Unlike other employment-based categories, with EB-1A, your petition continues to be processed regardless of employment changes.”
After I-140 Approval but Before Filing I-485
Once your I-140 petition is approved, you’ve cleared a significant hurdle in your immigration journey. At this stage, moving to a similar position in a similar company would likely have very little impact on your approved EB-1A petition. Your priority date remains secure, and you can proceed with the next steps in your green card process when your priority date becomes current.
Many of our clients experience relief when they learn that a change in employer situation, in most cases, doesn’t jeopardize their approved I-140 petition. This provides peace of mind during career transitions that often occur while waiting for priority dates to become current.
After Filing I-485 (Adjustment of Status)
Once you’ve filed your I-485 application to adjust status, you should ensure that your new position is in the same field of extraordinary ability, same or similar role, and same or similar company as your original petition. Maintaining consistency with your approved EB-1A visa petition is key..
Key Benefits of EB-1A When Changing Employers
The EB-1A category offers several advantages that make it particularly resilient to employment changes:
1. No Employer Sponsorship Requirement
Since you can self-petition for an EB-1A, you don’t need an employer to sponsor your petition. This means no employer can withdraw your petition if you leave the company or lose your job.
2. No Labor Certification Requirement
Unlike EB-2 or EB-3 categories, the EB-1A doesn’t require a labor certification (PERM), which is tied to a specific job offer and employer. This absence of a PERM requirement makes the EB-1A change-of-employer process much smoother.
3. Flexibility in Future Employment
With an EB-1A, you’re not bound to a specific job or employer. You simply need to maintain consistency with your EB-1A application. This allows for career flexibility, including changing employers.
Practical Considerations When Changing Employers During the EB-1A Process
If you find yourself in an EB-1A change-of-employer situation, here are some practical considerations to keep in mind:
Maintain Continuity in Your Field
While the EB-1A offers flexibility, it’s important to ensure your new position aligns with the claims made in your petition. Dramatic career changes could potentially raise questions during the adjudication process.
Document Your Continued Extraordinary Ability
If possible, gather evidence that your extraordinary ability continues to be recognized in your new position. This could include recommendation letters from your new employer, evidence of ongoing achievements, or documentation of how your new role builds on your extraordinary abilities.
Consult with an Immigration Attorney
Although EB-1A change-of-employer situations are generally less problematic than with other visa categories, each case has unique factors that could affect outcomes. Consulting with an experienced immigration attorney can help you navigate any complexities specific to your situation.
One of our clients, a data scientist who changed employers during her EB-1A process, shares: “I was initially concerned about changing jobs mid-process, but my attorney at Alagiri Immigration Law explained that my self-petitioned EB-1A was actually quite resilient to employment changes. The peace of mind this gave me was invaluable during my career transition.”
What to Do If You Lose Your Job During the EB-1A Process
If you lose your job rather than voluntarily changing employers, seek new employment in your field promptly. While you have flexibility with an EB-1A petition, it’s still advisable to find new employment in your field relatively quickly. This helps demonstrate your continued intention to work in your area of extraordinary ability.
EB-1A Offers Flexibility for Career Changes
An EB-1A change of employer with minimal disruption to your immigration process is one of the significant advantages of the EB-1A category. This flexibility allows extraordinary ability immigrants to make career decisions based on professional growth rather than immigration constraints.
At Alagiri Immigration Law, we’ve guided numerous engineers, scientists, and other professionals through employment transitions during their EB-1A process. Our experience has shown that with proper guidance and documentation, changing employers typically has minimal impact on EB-1A cases.
If you’re considering an employment change during your EB-1A process or need advice on how to navigate a job loss, we invite you to schedule a consultation with our experienced team. We can provide personalized guidance based on the specific circumstances of your case and help ensure your career transitions don’t negatively impact your path to permanent residency.
This article provides general information and should not be construed as legal advice. For advice tailored to your specific situation, please consult with an experienced immigration attorney.
