How Long Must I Remain with the Employer that Sponsored Me After Getting My Green Card?

Key Takeaways:

• There is no specific rule, but leaving your job too quickly can raise questions about your original intent.
• It is generally recommended to wait at least 180 days after receiving your green card before changing employers.
• If you must leave early, keep all evidence that proves your departure was due to a valid reason, such as being fired or experiencing a significant life change.
• A new job must be in a “substantially similar” position to avoid issues with USCIS.
• The best practice is to consult with an immigration lawyer before making any job changes.

While there is no official law dictating how long you must stay with your sponsoring employer, leaving too soon can raise questions about your original intent and may negatively impact your path to citizenship.

In most cases of employment-based immigration, a foreign national is sponsored by a company in the U.S. with the understanding that the job is a permanent position. The foreign national accepts this role with the intention of working full-time. The U.S. Citizenship and Immigration Services (USCIS) grants the green card based on this indefinite agreement. While “indefinitely” doesn’t mean forever, rushing to change jobs after your green card is approved can be used as evidence that you never intended to fulfill your side of the bargain.

How Long Should I Stay with My Sponsoring Employer?

The answer is a disappointing one: it depends.

Some suggest an employee should wait at least six months before transferring to a new job, but this logic is not rooted in law. It would be wise, and in some situations mandatory, not to leave before 180 days have elapsed after the adjustment of status. However, it is also recommended that the green card recipient remain with their sponsoring employer for as long as possible to show USCIS that they fully intended to keep their permanent position.

If an employment-based immigrant is compelled, forced, or pressured to leave their position early due to life circumstances, they must keep all evidence that illustrates why the change in employer was necessary. This evidence may be helpful later if USCIS questions this change. At some points, an employee must remain in a substantially similar position or face denial. What is a substantially similar position can prove arbitrary and confusing. Sometimes, a new attorney must substitute in, when the previous attorney represents both the employer and the employee. Otherwise, the employee is likely to get into trouble.

What Happens if My Sponsoring Employer Fires Me?

Sometimes the question of how long an immigrant employee should stay with the employer that sponsored them is not a matter they get to decide.

If your sponsoring employer terminates your employment for any reason, you must keep the termination letter as evidence. If possible, ask the employer for a written acknowledgement on letterhead that you were willing and able to work but that the job position was no longer available to you.

So long as it is clear that you were not fired for cause, these documents may be enough evidence to show that you upheld your side of the deal to work for the company on an indefinite basis. If you were let go, it can’t be helped, and the USCIS should not arguably hold that against you.

How Does a Job Change Impact My Citizenship Application?

Typically, the USCIS may not even know that an immigrant employee left their sponsoring employers until much later, when that new green card holder tries to apply for citizenship. If it’s clear to them then that you left your ‘permanent position’ rather abruptly, they may question you during your naturalization interview. Sometimes, lawful permanent resident status is revoked and deportation may begin after a naturalization application denial.

Usually, an immigrant is unable to apply for naturalization until five years after receiving their green card. During the interview process, USCIS officers will carefully review the information and documentation about the applicant’s immigrant history in the U.S. This will ultimately result in the U.S.C.I.S. Examiner finding and potentially asking the immigrant about their departure from the employer that petitioned them for immigration.

The applicant must be prepared to defend their reasoning by presenting credible evidence that confirms why they left the job early. Again, if the USCIS officer determines that the green card was obtained through deception of an employer, then it can deny the naturalization process and even go so far as to order removal proceedings.

One recommended strategy is to wait longer than the necessary five years before applying for naturalization. If the immigrant worker can last as long as ten years, it is possible that the USCIS will discover the early departure from the sponsoring employer, but may cease to care.

Can I Transfer My Green Card to a New Employer?

While a green card itself is not transferred between employers, changing jobs after receiving one is possible. The key is to show that your initial job was accepted in good faith. USCIS may scrutinize early job changes, especially if they occur within the first six months. If you’re exploring new job opportunities, it’s important to ensure your new role is substantially similar to your original position and that you have proper documentation if questions arise later.

Should You Consult an Immigration Lawyer Before Accepting the New Job?

Immigration laws are constantly changing. As you consider whether to chase a new job opportunity, take the time to also consider how this will look to the USCIS officers who will review your file later on down the road. In some situations, employment-based visas become a trap for the unwary and lead to years of anxiety unless there is intervention.

An immigration lawyer, who can represent the sole needs of an employee, can best advise them on what to do. The employer’s lawyer must report the employee and/or persuade them against hurting the employer. Whether it is the right time to leave the job that sponsored your immigration should be handled by another firm. And if you intend to leave the position, immigration lawyers can prepare for the future interview. They can advise you about what evidence to keep and how to resign from the job in a way that causes the least harm.

You shouldn’t have to stay with the job forever only because it got you a green card. But when and how you exit the job can affect your citizenship application later on. So, it’s wise to be cautious.

Contact the Law Office of Kevin Dixler to Schedule a Consultation

Our law firm has extensive experience providing legal guidance to immigrant workers and green card holders in these situations. We offer honest and comprehensive legal services without forgetting our human compassion. The Law Office of Kevin Dixler proudly serves clients in and around the Chicagoland and Milwaukee areas as they look for new opportunities in America.

To schedule a consultation with the firm’s legal team, please call 312-728-4610.