Foreign workers in the U.S. seeking a green card through their employer may find it harder to deal with unexpected job changes under new proposed rules. Under existing rules, immigrant workers can move to another job or company in certain situations while still keeping their green card application pending. However, if the proposed regulations are adopted, they may make it more difficult for workers to meet the criteria for “porting” their visa petition to a new position or new employer.
Part of the American Competitiveness in the Twenty-First Century Act of 2000 was enacted to increase job flexibility for foreign workers in the U.S. Prior to the Act, employment-based immigration cases were taking so long that they would often result in immigrant workers’ employment status changing while waiting for a visa, requiring them to start the process anew.