Immigration Attorney, Woburn

Porting to Self-Employment

An individual who has an employment-based green card application pending with the U.S. Citizenship and Immigration Services ("USCIS") for more than one hundred eighty (180) days may be able to change the job or employer on which their I-140 petition is based.

This portability provision does not apply if the I-140 petition is withdrawn before one hundred eighty (180) days or USCIS denies or revokes the I-140 approval.

An employee may request to port to self-employment. In processing this request, the USCIS will look at whether:

  1. The employment is in a "same or similar" occupational classification;

  2. The new employer and job offer are legitimate;

  3. The I-140 represented a true employment opportunity ("bona fide job offer"); and

  4. The intent of the beneficiary when the labor certification ("PERM") was filed.

Speak with an I-140 Attorney in Woburn, Massachusetts Today!

If you are considering porting to self-employment, contact an I-140 Lawyer in Woburn, MA. Lally Immigration Services, LLC is located in Woburn, Massachusetts and offers free initial phone consultations. 

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