Can I Change Employers After Getting A Green Card?

Once you receive a Green Card, you obtain lawful permanent resident status in the U.S. This means you can live and work in the country indefinitely. However, for those who obtained their Green Card through an employment-based visa, changing employers or jobs can raise some concerns. It is important to understand the conditions under which you can switch employers without negatively affecting your immigration status.

Changing Employers After Getting a Green Card:

If You Received a Green Card Through Employment-Based Immigration:

Job Portability:

One of the advantages of having a Green Card is the ability to change employers more freely than those on temporary work visas. If you were granted a Green Card through an employment-based process (such as through an EB-2 or EB-3 visa), you generally have the freedom to change jobs after receiving your Green Card. However, there are conditions to consider:

• The Job Must Be Similar: To avoid jeopardizing your Green Card, it is recommended that you change to a job that is similar in nature to the position for which your Green Card was granted. If you switch to a completely unrelated job, USCIS could question whether you intended to stay in your previous role permanently, which was part of the Green Card process.
• 180-Day Rule: According to the American Competitiveness in the Twenty-First Century Act (AC21), if your I-485 (Adjustment of Status) application has been pending for at least 180 days, you can change employers or job positions without losing your Green Card eligibility, as long as the new job is in the same occupational category.
• No Fraudulent Intent: If USCIS determines that the change of employer was made with fraudulent intent, such as attempting to obtain a Green Card under false pretenses, it could affect your status.

If You Received a Green Card Through a Family-Based Petition:

More Flexibility:

If your Green Card was obtained through family sponsorship (such as through a U.S. citizen spouse or relative), you generally have more freedom to switch employers. The primary concern with family-based Green Cards is meeting the conditions of your permanent resident status rather than the nature of your employment.

Employment Flexibility:

In this case, as long as you continue to meet the residency requirements and avoid any criminal activity, there is no direct issue with changing jobs.

Factors to Consider Before Changing Employers:

Job Similarity:

As mentioned, if your Green Card was obtained through an employment-based petition, changing jobs within the same field or industry can help you avoid complications. A dramatic change in job duties may raise questions about your intent when applying for the Green Card.

Immigration Consequences:

If you change employers immediately after obtaining your Green Card, especially within the first few months or years, USCIS may view this as inconsistent with the purpose of the Green Card, which was to work in the job you were sponsored for.

Employer-Specific Green Cards:

If you have a job-specific Green Card (for example, through the EB-2 or EB-3 visa), changing employers before your Green Card has been issued could affect the approval of your application. Once approved and you’ve received your Green Card, however, the flexibility increases.

Maintaining Permanent Residency:

Once you have a Green Card, your permanent residency status is not tied to any specific employer. However, you must maintain a permanent residence in the U.S. If you leave the country or change jobs in a way that suggests you no longer plan to make the U.S. your primary home, you could face complications.

Continuous Residence:

When applying for U.S. citizenship, having a consistent work history or stable residence may be important in showing your intention to maintain permanent residency in the U.S.

Switching Employers Before Green Card Approval:

If you are in the process of applying for a Green Card through employment and your I-485 is pending, switching employers before your Green Card is approved can complicate matters. Your new employer would have to submit a new labor certification or petition for you to continue the process.

Portability under AC21:

The AC21 portability provision allows job changes after 180 days of pending adjustment of status (I-485) for certain categories (EB-2, EB-3). You would need to have an ongoing, similar job in the same field to benefit from this provision.

Example:

A Green Card holder who obtained their residency through an employment-based process with an EB-3 visa is offered a new job at a different company, but it is still within the same field of work. The new role has similar duties to the original one. Since the new job aligns with the AC21 portability rules, the individual can accept the new offer without risking their Green Card status.

Conclusion:

Yes, you can change employers after receiving a Green Card, but there are important conditions to keep in mind, especially if you obtained your Green Card through an employment-based process. Job portability is allowed, particularly if you’ve been in the U.S. for at least 180 days, and if the new position is in the same field. For family-based Green Card holders, there is generally more flexibility in switching employers. Always consider consulting with an immigration attorney to ensure that any job change is in compliance with immigration laws, particularly if you're still in the Green Card application process.