As of January 2017, USICS requires supplemental information for certain employment-based Form I-485 Application for Adjustment of Status applicants. For this purpose, USCIS introduced a new form, the I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability.
Who Has to File the J Supplement?
Applicants filing adjustment of status applications based upon a separately filed, pending or approved, I-140 immigrant petition must submit Supplement J with the Form I-485. Persons filing Forms I-140 and I-485 concurrently are not required to file the Supplement J. Persons filing Form I-485 based upon a national interest waiver (NIW) Form I-140 and in the first preference (EB1) extraordinary ability category also do not need to file Supplement J.
A second group of applicants for whom the J Supplement is now required are those seeking to take advantage of the job portability mechanism provided by the provisions of the American Competitiveness in the Twenty First Century Act (AC21) to move to a new job in an occupational classification that is the same as, or similar to, that of the position in the I-140 petition. If a foreign national with a pending Form I-485 qualifies for AC21 job portability, a Supplement J must be submitted to the USCIS with a request that the previously filed I-485 be approved on the basis of a change of employer or a new job with the same employer.
How to File the J Supplement
The J Supplement must be completed by the applicant and the employer. The applicant section requires little more than basic contact information. The employer section, however, requires information regarding the employer’s finances, number of employees, Employer Identification Number (EIN), North American Industry Classification System (NAICS) code, and a description of the position duties, including the Standard Occupational Classification (SOC) code, so preparation of the form may require careful analysis, particularly in situations involving job portability. The employer is also required to attest that they are “a viable employer.” Although the term “viable employer” does not appear in any U.S. immigration statute or regulation, it is likely that USCIS means an employer possessing the capacity to employ the applicant in the position described.
The J Supplement may be filed proactively by the applicant at any time, with the Service Center adjudicating the Form I-485. Applicants should include a copy of the Form I-485 Receipt Notice when submitting a Supplement J. If the applicant does not submit the J Supplement when required, USCIS will likely issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) to request Supplement J before adjudication the application. There is no filing fee for the J Supplement.
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