Can an employer cancel a Green Card?
Can an employer cancel a Green Card? Are you thinking about accepting new employment and want to know what your employment obligation after Green Card approval is?
Keep in mind once the foreign employee has received their Green Card, there is no minimum period the employee is obligated to work for the employer who sponsored their employment-based Green Card.
According to USCIS rules, if there was a bona fide job offer and whether the employee intended to work for the sponsoring employer at the time the employer filed the adjustment of status application (Form I-485), it should not matter whether the company terminated your employment or whether you decided to leave the company because of absent fraud.
Moreover, if you want to change your employer or employment field or quit working after you receive your Green Card, the main question is if you really intended to work for the sponsoring employer at the time your Green Card application was presented.
That means if you clearly intended to work for the employer that sponsored your Green Card process, there is no specific period during which you are required to work for that employer after you become a permanent resident.
Can an employer cancel a Green Card after approval?
Employers are not responsible to issue Green Cards, only the USCIS can issue a permanent resident document. During the employment-based Green Card process the employer files for labor certification for some occupation, basically showing they cannot hire an American to do the job.
Based on labor certification, the employer petitions for permanent residency by filing I-140 according to USCIS rules. Once USCIS approves the petition is possible to file I-485 to adjust your status or apply for an immigrant visa. When the Adjustment of Status is approved or the individual arrives in the US, the Green Card will be mailed.
Until the visa is issued, or adjustment of status is approved, the employer can withdraw the petition, but after that point, they cannot anymore. That means, that once the residency is approved, the individual is completely independent of your employer.
In case of changing jobs after Green Card approval, it’s essential to be aware of the possible repercussions. Assuming you and your employer both intended to honor the terms and conditions on the I-140 when filing your I-485, that’s no problem. However, if you change positions or careers, be prepared to answer USCIS regarding your change when you file for naturalization.
A Green Card, once approved, belongs to the employee, not the employer. So, an employer cannot revoke a Green Card once approved. However, if the employer realized the candidate provided fraudulent documentation and proved it in the USCIS, the Green Card can be revoked.
How to Remain in Lawful Immigration Status After Losing a Job
Keep in mind if you have already filed the I-485 application, you are in “authorized status.” Losing your job usually does not automatically jeopardize your status. You will remain in status until USCIS reviews your case and calls you in for an interview, and just then denies the I-485 application.
When you file your I-485 application, you should also file for Advance Parole (AP) (on USCIS Form I-131) and for Employment Authorization (EAD) (on USCIS Form I-765). If you did not file these forms, you must do so as soon as possible.
Your AP will allow you to travel abroad while you await a decision on your I-485 and the EAD will allow you to work for any U.S. employer without requiring the employer to file an H-1B petition on your behalf.
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