HR teams are often hesitant to promote employees who are on a Green Card sponsorship, fearing that changes in job title could jeopardize their immigration status. This misconception can lead to unnecessary turnover and hinder employee growth. Under the AC21 Portability provisions, employees can accept promotions or transfers without losing their priority date if certain conditions are met.
Key Details:
- 180-Day Rule: Employees must have an approved I-140 and their I-485 must be pending for 180 days or more.
- Same or Similar Rule: The new role must be in the same or a similar occupational classification.
- Early Change Risk: Changing roles before the 180-day mark may require restarting the entire PERM process.
- HR Guidance: Always confirm with an attorney before issuing an offer letter for internal transfers or promotions to sponsored employees.
This clarification on AC21 Portability can help HR departments support their employees’ career advancement while maintaining compliance with immigration regulations. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: WayLit