Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION: I am a nurse who was sponsored by my employer/petitioner as an EB-3. I have had my green card for 9 months and have been working for them since I got my green card. I have been having some issues with my employer and wish to change employers, but my employer says that I could put my green card in jeopardy if I leave them now. Is this true?
THE IMMIGRATION ANSWER MAN – ARI SAUER: From an immigration perspective, you should be fine. The requirement is that you must have intended to stay with your petitioning employer in the offered permanent position (meaning for an indefinite amount of time) at the time you filed your Application for Adjustment of Status (Form I-485) or Immigrant Visa Application (Form DS-260) through the time that you became a US Permanent Resident (green card holder). Where something happens after the employee becomes a US Permanent Resident that causes the employee to no longer wish to be employed by the petitioner, they are allowed to change employers. It can sometimes be an issue when an employee changes to another employer right after becoming a US Permanent Resident, as that can call into question whether the person intended to be employed by their petitioner in the offered position when they became a US Permanent Resident. But someone who works in the offered position for more than 9 months after becoming a US Permanent Resident is probably fine.
To be clear, I can only comment on the immigration consequences of changing employers. I cannot advise on what the other consequences might be of leaving an employer if doing so would cause the person to be in breach of an employment contract. A contract law/employment law attorney should be consulted about that.
Published 5/20/19 by attorney Ari Sauer.
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Submit questions to Ari Sauer – The Immigration Answer Man by emailing your question to firstname.lastname@example.org. Questions submitted by email may be posted on this site, without personal information, unless the email specifically requests that we not use the question for this site. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship. * This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing, and the rules stated may not be current or apply to your particular situation. Readers are cautioned to schedule a consultation with an immigration lawyer rather than relying on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.