Immigration Consequences: EB-2 I-485 Application and Sponsoring Employer Bankruptcy

Key Takeaways:

1. Impact of sponsoring employer bankruptcy on EB-2 I-485 application: Job offer withdrawal and jeopardy for I-485 application.
2. Steps to take if your sponsor goes bankrupt: Find a new job, consider porting under AC21, and seek legal consultation.
3. USCIS stance: Approved I-485 petitions may still be valid if applicant intends to work in the same or similar occupation.

Impact of Sponsoring Employer Bankruptcy on EB-2 I-485 Application

When you’re in the process of obtaining a green card through employment, unforeseen issues can arise, such as your sponsoring employer going bankrupt. If you are currently pursuing an EB-2 visa and this situation occurs, it’s crucial to understand the immigration consequences that may follow.

Understanding the EB-2 Visa and I-485 Application

First, let’s clarify what an EB-2 visa is. The EB-2 visa is a second-preference employment-based visa, targeted at professionals with advanced degrees or individuals with exceptional ability in their field. To get this visa, a U.S. employer must sponsor the applicant and typically undergo a labor certification process.

The I-485 application, also known as the Application to Register Permanent Residence or Adjust Status, is the form that applicants within the United States file to adjust their status to that of a lawful permanent resident (a green card holder).

Challenges After Sponsoring Employer Bankruptcy

The bankruptcy of a sponsoring employer can lead to significant hurdles for your green card application. Here’s what could happen:

Job Offer Withdrawal: If a company goes bankrupt, it may no longer be able to honor the job offer linked to your visa petition. This is critical because having a valid job offer is essential for the EB-2 visa.

I-485 Application Jeopardy: Without a sponsoring employer, your I-485 application could be at risk. The U.S. Citizenship and Immigration Services (USCIS) may determine that your intent to work for the original employer is no longer valid.

Steps to Take if Your Sponsor Goes Bankrupt

1. Find a New Job: Look for a new job that meets the EB-2 visa requirements. You may need to go through the labor certification process again with your new employer.

2. Porting Under AC21: The American Competitiveness in the Twenty-First Century Act (AC21) allows certain individuals to change jobs or employers without affecting the validity of their I-485 application or the underlying immigrant visa petition, provided certain conditions are met.

3. Legal Consultation: It’s essential to speak with an immigration attorney to navigate this complex situation. They can guide you through the process of possibly retaining your green card process despite the bankruptcy.

What Does USCIS Say?

According to USCIS, an I-485 applicant’s approved immigrant visa petition generally remains valid even if the petitioner has gone out of business. However, the applicant must intend to work in the same or a similar occupational classification.

Conclusion

Dealing with a sponsoring employer’s bankruptcy while in the midst of your EB-2 I-485 application is a challenging circumstance that needs immediate attention. Timely action, exploring options for job portability under AC21, and consulting with an immigration expert are vital steps to mitigate immigration consequences.

For direct guidance on your circumstances, check out the official resources from the USCIS at USCIS: Change My Nonimmigrant Status.

Remember, changes in employment can greatly impact your application for a green card. Stay informed and proactive to safeguard your path to permanent residency in the United States.

So there you have it, folks! Sponsoring employer going bankrupt? It could spell trouble for your EB-2 I-485 application. Time to put on your detective hat and find a new job or consider porting under AC21. Just remember, stay cool, consult a legal expert, and check out visaverge.com for more nifty immigration insights. Happy green card hunting!

FAQ’s to know:

FAQ 1: What is an EB-2 visa and how does it relate to the I-485 application?

Answer: An EB-2 visa is a second-preference employment-based visa that is available to professionals with advanced degrees or individuals with exceptional ability in their field. The visa requires a U.S. employer to sponsor the applicant and typically involves a labor certification process. The I-485 application, on the other hand, is the form that applicants file within the United States to adjust their status to that of a lawful permanent resident (green card holder).

FAQ 2: What are the potential challenges that arise when a sponsoring employer goes bankrupt during the green card application process?

Answer: When a sponsoring employer goes bankrupt during the green card application process, there are several challenges that can arise. One potential challenge is that the job offer linked to the visa petition may be withdrawn, as the bankrupt company may no longer be able to honor it. This is problematic because a valid job offer is typically required for the EB-2 visa. Additionally, without a sponsoring employer, the I-485 application could be jeopardized, as the U.S. Citizenship and Immigration Services (USCIS) may question the validity of the applicant’s intent to work for the original employer.

FAQ 3: What steps should be taken if a sponsoring employer goes bankrupt during the green card application process?

Answer: If a sponsoring employer goes bankrupt during the green card application process, there are a few steps that can be taken to mitigate the situation. Firstly, it is important to find a new job that meets the requirements for the EB-2 visa. This may involve going through the labor certification process again with the new employer. Additionally, individuals may consider porting to a new job under the American Competitiveness in the Twenty-First Century Act (AC21), which allows certain individuals to change jobs or employers without affecting the validity of their I-485 application. Finally, seeking legal consultation from an immigration attorney is crucial to navigate the complexities of the situation and explore options for retaining the green card process despite the bankruptcy.

What did you learn? Answer below to know:

1. True or False: If your sponsoring employer goes bankrupt, your I-485 application for a green card may be at risk.
2. What is the purpose of the EB-2 visa?
   a) To attract individuals with exceptional ability in their field
   b) To provide employment opportunities for professionals without advanced degrees
   c) To prioritize individuals with family ties in the United States
   d) To enable foreign investors to start businesses in the United States
3. What should you do if your sponsoring employer goes bankrupt during your green card application process?
   a) File a lawsuit against the employer for breach of contract
   b) Contact the USCIS to request a waiver for the job offer requirement
   c) Find a new job that meets the EB-2 visa requirements
   d) Abandon your green card application and return to your home country