The U.S. Citizenship and Immigration Services (USCIS) now requires the use of a new supplement to the adjustment of status application, Form I-485 Supplement J (Confirmation of Bona Fide Job Offer or Request for Job Portability Under INS Section 204(j)) to confirm that jobs offered to adjustment of status applicants in underlying I-140 petitions are bona fide job offers that the applicant intends to accept once the Form I-485 is approved. It also allows the USCIS to review job “portability” requests under specific provision of AC21 if the adjustment of status applicant wishes to move to a new job in the same or a similar occupational classification as the job identified in the approved I-140 immigrant petition. As such, Supplement J replaces the employer and applicant letters that traditionally have been sent to USCIS for claims of job “portability” under AC21. The employer must also provide the job title and Standard Occupational Classification (SOC) code of the new position offered to the applicant, a nontechnical description of the duties of and wages offered for the position, as well as confirmation that the position is a full-time and permanent one. Also required is a sworn declaration by the employer that it is a “viable employer” that is extending a bona fide job offer to the applicant, that the job offered is a full-time and permanent one, and that the employer intends to employ the applicant in the job offered upon the approval of his or her adjustment of status application.
Supplement J must be completed and signed by both the applicant and the employer and must be filed: (1) when an adjustment of status Form I-485 application is filed separately from an underlying I-140 immigrant petition; (2) when an adjustment of status application seeks to take advantage of the job portability mechanism provided in Section 204(j) of the Immigration and Nationality Act (INA) to move to a new job in an occupational classification that is the same as, or similar to, that of the position described in the I-140 petition; or (3) when USCIS issues a Request for Evidence or Notice of Intent to Deny asking for evidence of an existing job offer. In determining whether the new job is in the same or a similar occupational classification as the job specified in Form I-140, USCIS will consider factors, including but not limited to (1) the similarity of the job duties and responsibilities; and or (2) the similarity of the educational, experience, and or training requirements.