Suppj Ins Toc

TABLE OF CHANGES – INSTRUCTIONS

Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)

OMB Number: 1615-0023

10/30/2019

Reason for Revision: 2019 Fee Rule.

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Expires 6/30/2019

Edition Date 12/13/2017

Current Page Number and Section	Current Text	Proposed Text
Pages 1-2, Who May File Supplement J?	[Page 1] Who May File Supplement J? Unless you are filing Form I-485 together with Form I-140 that names you as the principal beneficiary, you must file Supplement J at the time you file your Form I-485 to confirm that the job offered to you in the underlying Form I-140 is still bona fide and available to you. USCIS may request that you file Supplement J again prior to final processing of your Form I-485. …	[Page 1] Who May File Supplement J? Unless you are filing Form I-485 together with Form I-140 or while Form I-140 is still pending that names you as the principal beneficiary, you must file Supplement J at the time you file your Form I-485 to confirm that the job offered to you in the underlying Form I-140 is still bona fide and available to you. USCIS may request that you file Supplement J again prior to final processing of your Form I-485. …
Page 2, When Should You File Supplement J?	[Page 2] When Should You File Supplement J? If you are filing Supplement J to confirm that the job offer in the underlying Form I-140 is bona fide and still available to you, you must submit Supplement J when: 1. You initially file your employment-based Form I-485 with USCIS unless you are filing Form I-485 together with Form I-140; or 2. You have received a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) from USCIS requesting confirmation that the job offer in the underlying Form I-140 is bona fide and still available to you or, if applicable, that the job offer you have previously ported to under INA section 204(j) is bona fide and still available to you. NOTE: You do not have to submit Supplement J at the time you file Form I-485 together with Form I-140. In adjudicating Form I-140, USCIS examines whether the job offer is bona fide. If Form I-140 is approved, USCIS may consider the approved Form I-140 and supporting documents, along with your filed Form I-485, as prima facie evidence that the job offer is bona fide and that you, the applicant, intend to accept the job offer if your Form I-485 is approved. However, depending on factors, such as the length of time it takes to adjudicate the underlying Form I-140 and your filed Form I-485, USCIS may request that you submit Supplement J to confirm that the job offer in the underlying Form I-140 is bona fide and still available to you prior to final processing of your Form I-485, or that you have ported to a new, permanent job offer under INA section 204(j). …	[Page 2] When Should You File Supplement J? [no change] 1. You initially file your employment-based Form I-485 with USCIS unless you are filing Form I-485 together with Form I-140, or while Form I-140 is still pending; or [no change] NOTE: You do not have to submit Supplement J at the time you file Form I-485 together with Form I-140, or while Form I-140 is still pending. In adjudicating Form I-140, USCIS examines whether the job offer is bona fide. If Form I-140 is approved, USCIS may consider the approved Form I-140 and supporting documents, along with your filed Form I-485, as prima facie evidence that the job offer is bona fide and that you, the applicant, intend to accept the job offer if your Form I-485 is approved. However, depending on factors, such as the length of time it takes to adjudicate the underlying Form I-140 and your filed Form I-485, USCIS may request that you submit Supplement J to confirm that the job offer in the underlying Form I-140 is bona fide and still available to you prior to final processing of your Form I-485, or that you have ported to a new, permanent job offer under INA section 204(j). …
Pages 3-4, General Instructions	[Page 4] How Does USCIS Determine What Qualifies as a Same or Similar Occupational Classification? … These resources contain detailed information on job titles, duties, educational, experience, and/or training requirements, rates of pay, and, in many cases, information on similar or related occupations. Applicants may also use any of these resources or other relevant evidence to demonstrate that the new job is in the same or similar occupational classification as the job specified in Form I-140. USCIS may request additional information if Supplement J is not fully completed or evidence submitted with Supplement J does not establish that the new job is in the same or a similar occupational classification as the job specified in Form I-140.	[Page 4] How Does USCIS Determine What Qualifies as a Same or Similar Occupational Classification? … These resources contain detailed information on job titles, duties, rates of pay, and educational, experience, and/or training requirements. In many cases, the resources do provide information on similar or related occupations. Applicants may also use any of these resources or other relevant evidence to demonstrate that the new job is in the same or similar occupational classification as the job specified in Form I-140. [no change]

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