USCIS Issues Policy Guidance on Job Portability After Filing Application to Adjust Status

USCIS issued policy guidance in the USCIS Policy Manual to consolidate and update guidance on the ability to change to a same or similar job, also known as portability, for certain beneficiaries of employment-based immigrant petitions after they have applied to adjust status. This guidance is effective immediately. Comments are due December 17, 2020.

Policy Highlights

• Consolidates existing guidance on determining eligibility to transfer, or “port” including evaluating whether the new job offer is in the same or similar occupational classification as the job specified in the Immigrant Petition for Alien Workers (Form I-140).
• Explains how portability requests are made to and adjudicated by USCIS.