New Supplement J for Form I-485
February 23rd, 2017
As of January 17, 2017, an individual must file Supplement J along with his or her I-485. The Department of Homeland Security stated that the purpose of the supplement is for greater retention of high-skilled immigrant and nonimmigrant workers.
Applicants can use Supplement J to either:
- Confirm that the job offered remains a legitimate job that the applicant intends to accept; or,
- Request job portability to a new, full-time, permanent job offer that the applicant intends to accept. However, the new job offer must be in the same, or similar, occupational classification as the original job offer.
When to file the Supplement
If an applicant files Form I-485 with a Form I-140 naming the applicant as the principal beneficiary, Supplement J is unnecessary.
If an applicant is filing Form I-485 based on a previously filed Form I-140, the supplement must be filed when the employment-based I-485 is initially filed, or when the applicant receives a Request for Evidence or a Notice of Intent to Deny. USCIS also may request the supplement again prior to making a final decision about an applicant's I-485.
If an applicant is requesting job portability, the supplement may be filed only after three conditions have been met:
- The applicant has properly filed an I-485 based on an approved or pending I-140 listing the individual as principal beneficiary;
- The I-485 has remained pending for 180 days or more since the receipt date from USCIS; and,
- The applicant has received:
- A new, permanent job offer from a U.S. employer in the same or similar "occupational classification" as the job offered in the original I-140, and the applicant wants USCIS to consider the new job offer when making the decision; or,
- A Request for Evidence or a Notice of Intent to Deny (NOID) regarding the pending I-485 and asking for confirmation that the job offered is still available to the applicant; or,
- A NOID stating that the petitioner has withdrawn the Form I-140, or that the petitioner has gone out of business.
There is no fee to file Supplement J.
Find more information about Supplement J on the USCIS website here.