How to Use New Form Supplement J to Adjustment of Status

Beginning January 17, 2017, a new form Supplement J to Form I-485 is required to either:

Confirm that the job offered to the applicant in Form I-140 remains a bona fide job offer once the I-485 Application is approved. If you are filing or have previously filed Form I-485 based on being the principal beneficiary of a valid Form I-140 in an employment-based immigrant visa category that requires a job offer, you will need to file Supplement J instead of submitting a job offer letter;

OR

Request job portability under INA section 204(j) to a new, full-time, permanent job offer that the applicant intends to accept once your Form I-485 is approved.  This new job offer must be in the same or a similar occupational classification as the job offered to you in the Form I-140 that is the basis of your Form I-485.

When is Supplement J Required?

According to the USCIS website and Supplement J instructions, Supplement J is required if you file form I-485 based on a previously filed  I-140, or you have received a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) from USCIS requesting Supplement J.  If you are concurrently filing a Form I-140 and Form I-485, you do not need to include Supplement J.

If you are requesting job portability to a new, permanent job offer under INA §204(j), you may file Supplement J after your Form I-485 based on an I-140 that has been approved or pending for 180 days or more. You should also file Supplement J if you receive an RFE or NOID asking for confirmation that the job is still available, or if the petitioner has withdrawn the I-140 or has gone out of business.

Does Supplement J need Filing Fee?

As of to date, there is no filing fee for Supplement J.

Will I receive a receipt notice and approval notice for filing Supplement J?

USCIS will issue a receipt notice when Supplement J is filed and an approval notice when it is approved.

What happens if USCIS determines that the position in Supplement J is not the same or similar to the position in the underlying Form I-140?

USCIS will issue an RFE on the I-485 and allow the applicant to present evidence that the applicant either has an indefinite offer of employment from the original sponsoring employer, or a new offer of employment for a same or similar position and that he or she intends to take when the adjustment of status application is approved.

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