A permanent resident is not legally bound to the sponsoring employer for life, but an EB-3 case rests on a genuine intention to work for the sponsor. Leaving very soon after arrival can raise questions with USCIS or a consular officer. For adjustment of status cases, INA 204(j) can allow a job change after 180 days in limited situations. This is general information only; speak to an immigration attorney first.
This is one of the most common questions, and one of the most misunderstood. Some recruiters say you can leave the day you land. Others say you are tied to the employer for years. Neither is a safe summary. This article explains the principles in general terms so you can ask better questions. It is not legal advice, and your own facts matter a great deal. Speak to an immigration attorney before you resign from a sponsored job or sign anything that restricts you.
After the green card is issued
A person who has become a lawful permanent resident is generally free to live in the U.S. and to work for any employer, as other residents are. In general, the law does not require a permanent resident to stay with the sponsoring employer for a fixed number of years. We are not aware of any official rule that sets a set period, and you should not trust anyone who gives you an exact number of months as a legal requirement.
The important point is the reason you were given the visa. An EB-3 petition says the employer has a permanent, full-time job for you, and that you intend to take it. That intent is the basis of the whole case.
Why leaving very soon can raise questions
If a worker takes the green card and then leaves the sponsor within days or a few weeks of arriving, officials may ask whether the worker ever really intended to take the job. That question can arise in the immigration system, for example at a later application, a naturalisation interview or a review of the case. If the answer is that the intent was never genuine, that can be treated as misrepresentation, with serious consequences.
That does not mean you can never leave. Real life changes: a job may end, a workplace may turn out to be unsafe or unlawful, pay may not match the offer, or the employer may close. The question is whether you honestly intended to work for the sponsor when you immigrated. If a problem arises, keep records, such as pay slips, schedules, messages and written offers, and get legal advice before you act.
| Situation | General point |
|---|---|
| You arrive and work for the sponsor as planned | This supports the intent on which the case was based |
| The job ends or changes after you start, for reasons outside your control | Keep records and seek legal advice |
| You never planned to take the job | High risk; this can be treated as misrepresentation |
| The employer breaks the terms of the offer | Document it and get advice, do not simply stay silent |
Adjustment cases and INA 204(j)
Some people are in the U.S. and have applied for adjustment of status with Form I-485 (see consular processing or adjustment). In this situation, section 204(j) of the Immigration and Nationality Act can allow a person whose I-485 has been pending for at least 180 days to move to a new employer, if the new job is in the same or a similar occupational classification. USCIS has a form for confirming the new job, and the rules on what counts as "similar" are detailed.
Portability is not available to everyone, and it does not apply in the same way to a worker who is still abroad and has not yet been admitted as a permanent resident. If you are in an adjustment case, do not change jobs on a rumour. Ask an attorney first, because a wrong move can end the application.
Practical protections
- Read any employment contract before you sign. Be careful with clauses that demand repayment of labor certification or recruitment costs if you leave, because the employer generally must pay those costs (see who pays EB-3 costs).
- Do not hand over your passport, green card or documents to an employer or agent.
- You are entitled to be paid at least what was offered, and to a safe workplace under U.S. law. If you are not, there are government agencies and legal aid groups that can help.
- Be honest about your plans with your attorney, because they can only advise on facts they know.
The aim of the program is that you come to do the job that was offered. If you plan to, and the employer honours the offer, you will rarely have to think about any of the above. For other questions, contact us, or read who qualifies for EB-3 Other Workers.
Official sources
- USCIS, Employment-Based Immigration: Third Preference EB-3
- USCIS, Form I-485, Application to Register Permanent Residence or Adjust Status
- 20 CFR 656.12, Improper commerce and payment
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