Supplement J, Confirmation of Bona Fide Offer or Request for Job Portability Under Section 204(j)

Instructions for Supplement J, Confirmation of Bona Fide
Job Offer or Request for Job Portability
Under INA Section 204(j)
Department of Homeland Security
U.S. Citizenship and Immigration Services

USCIS
Form I-485

OMB No. 1615-0023
Expires 10/31/2020

You
must read these Instructions if you are filing Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or

Request for Job Portability Under INA Section 204(j) (Supplement J), to either confirm that the job offered to you in
Form I-140, Immigrant Petition for Alien Worker, that is the basis of your Form I-485, Application to Register Permanent
Residence or Adjust Status, remains available to you or to request job portability under the Immigration and Nationality
Act (INA) section 204(j).

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What Is the Purpose of Supplement J?

You must use Supplement J if you are an employment-based applicant for adjustment of status who is filing or has
previously filed Form I-485 as the principal beneficiary of a valid Form I-140 in an employment-based immigrant visa
category that requires a job offer, and you now seek, in connection with your Form I-485, to:
•

Confirm that the job offered to you in Form I-140 remains a bona fide job offer that you intend to accept once your
Form I-485 is approved; or

•

Request job portability under INA section 204(j) to a new, full-time, permanent job offer that you intend to accept
once your Form I-485 is approved. Portability means to change the offer of employment from one job or employer
to another job or employer. The new job offer must be in the same or a similar occupational classification as the job
offered to you in Form I-140 that is the basis of your Form I-485.

NOTE: In adjudicating Supplement J, U.S. Citizenship and Immigration Services (USCIS) does not make a
determination whether you have current work authorization with the prospective employer. The basis for adjustment
of status to lawful permanent resident under a valid Form I-140 is not actual (current) employment. Rather, the basis
is prospective employment. Therefore, the adjudication of Supplement J, for applicants requesting job portability
under INA section 204(j), is primarily limited to a determination of whether you have a bona fide job offer from a U.S.
employer that is in the same or a similar occupational classification as the position for which the underlying Form I-140
was filed and approved.
Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted
classification as an alien of extraordinary ability under INA section 203(b)(1)(A) do not need to file Supplement J.
Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or
granted classification as an alien of extraordinary ability or seeking or granted a National Interest Waiver of the job offer
requirement do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j).

Who May File Supplement J?
Unless you are filing Form I-485 at the same time with a Form I-140 or while a 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. Additionally, you must file Supplement J to
request job portability if you are eligible. USCIS may request that you file Supplement J again prior to final processing of
your Form I-485.
To request job portability to a new, permanent job offer under INA section 204(j), you must have a properly filed Form
I-485 that:
•

Has been pending with USCIS for 180 days or more since the receipt date; and

•

Is based on an approved or pending Form I-140 that names you as the principal beneficiary.

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If the underlying Form I-140 is currently pending with USCIS and your Form I-485 has been pending with USCIS for 180
days or more, you may still file Supplement J to request portability to a new, permanent job offer. However, please know
that USCIS must first adjudicate and approve the Form I-140 prior to approving your portability request, if otherwise
eligible.

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:

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•

You initially file your employment-based Form I-485 with USCIS unless you are filing Form I-485 at the same time as
Form I-140 or while the Form I-140 is still pending, or if your Form I-485 was filed prior to January 17, 2017; or

•

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, that the job offer
you have previously ported to under INA section 204(j) is bona fide and still available to you.

If you are filing Supplement J to request job portability to a new, permanent job offer under INA section 204(j),
you may file Supplement J only after your Form I-485 was properly filed and has remained pending for 180 days or
more since the receipt date, and:
•

You have received a new, permanent job offer from a U.S. employer that is in the same or similar occupational
classification as the job offered to you in the underlying Form I-140, and now you would like to request that the new
job offer be used in connection with your eligibility to adjust status to that of lawful permanent resident;

•

You have received an RFE or a NOID from USCIS in connection with your pending Form I-485 asking for
confirmation that the job offered to you in the underlying Form I-140 or a previously filed Supplement J is still
available to you; or

•

You have received a NOID from USCIS regarding your Form I-485 because the petitioner has withdrawn the
Form I-140 filed on your behalf, or the petitioner has gone out of business.

If you are requesting job portability under INA section 204(j), USCIS will reject Supplement J if you file it before your
Form I-485 has been pending for 180 days or more since the receipt date. You can check your case status online at www.
uscis.gov.

What Evidence Must You Submit With Supplement J?

1. If you are filing Supplement J to confirm that the job offer represented in the underlying Form I-140 is bona fide, then
you, the applicant, only need to complete Parts 1., 2., 3., and 4. of Supplement J and have the Form I-140 petitioner
complete Parts 5., 6., 7., and 8.
2. If you are filing Supplement J to request job portability under INA section 204(j), you, the applicant, must complete
Parts 1., 2., 3., and 4., and the employer offering a new permanent job must complete Parts 5., 6., 7., and 8. In
addition, you must submit the following documents with Supplement J:
A. A copy of Form I-797, Notice of Action, establishing the receipt date and acceptance of your Form I-485 under
INA section 245, which shows that your Form I-485 has been pending for 180 days or more. If you do not have
such documentation, USCIS will review the electronic record for the Form I-485 receipt number provided in
Part 2. of Supplement J and/or any other USCIS records for evidence that you have filed a Form I-485 that has
remained pending for 180 days or more; and
B. If available, a copy of Form I-797 showing that you are the principal beneficiary of an approved or still pending
Form I-140. If you do not have such documentation, USCIS will review the electronic record for the Form I-140
receipt number provided in Part 2. of Supplement J and/or any other USCIS records for evidence that you are the
principal beneficiary of an approved or still pending Form I-140.
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If you do not have the evidence listed in Items A. or B. above, you may provide information on Supplement J or other
secondary evidence to demonstrate that you have filed Form I-485 which has been pending for 180 days or more since the
receipt date, and that you are the principal beneficiary of an approved or still pending Form I-140. Failure to provide the
evidence listed above or secondary evidence may result in delayed processing or denial of your request for job portability.
USCIS will review Supplement J in assessing whether the new job offer is in the same or a similar occupational
classification as the job in the underlying Form I-140. The applicant and/or employer may submit any other evidence that
is relevant in showing the new job is in the same or a similar occupational classification as the job specified in Form I-140.

How Does USCIS Determine What Qualifies as a Same or Similar Occupational Classification?

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To determine whether the new job qualifies as the same or similar occupational classification as the job in the approved
permanent labor certification and Form I-140, USCIS will review the totality of the record, including Supplement J and
any additional evidence submitted by the applicant and/or employer.
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:
•

The similarity of the job duties and responsibilities; and/or

•

The similarity of the educational, experience, and/or training requirements.

USCIS may refer to resources published by the U.S. Department of Labor (DOL) and its Bureau of Labor Statistics,
or other relevant resources, to assist in determining whether the new offer of employment is in the same or similar
occupational classification. These resources include:
•

DOL Occupational Outlook Handbook at www.bls.gov/ooh;

•

DOL O*NET system at www.onetonline.org; and

•

Standard Occupational Classification system used by DOL’s Occupational Employment Statistics program at
www.bls.gov/soc.

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.
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.

General Instructions
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have internet access, you may call the USCIS Contact Center at 1-800-375-5283 and ask that we mail a form to you. The
USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call:
1-800-767-1833.
Signature. Each supplement must be properly signed by both the applicant and an individual employer or authorized
signatory of the business entity employer and filed. For all signatures on this supplement, USCIS will not accept a
stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may
sign the supplement on your behalf. A legal guardian may also sign for a mentally incompetent person.

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Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence
Must You Submit With Supplement J section of these Instructions.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints,
photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background
and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation
(FBI), before making a decision on your application, petition, or request. After USCIS receives your supplement and
ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an
appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support
Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S.
Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.

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If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1. You provided or authorized all information in the supplement;

2. You reviewed and understood all of the information contained in, and submitted with, your supplement; and
3. All of this information was complete, true, and correct at the time of filing.

If you fail to attend your biometric services appointment, USCIS may deny your supplement.

Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an application, petition, or request. If USCIS requests an original document from you, it will be returned to
you after USCIS determines it no longer needs your original.
NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be
immediately destroyed after we receive them.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and
that he or she is competent to translate from the foreign language into English. The certification must also include the
translator’s signature, printed name, the signature date, and the translator’s contact information.
How To Fill Out Supplement J

1. Type or print legibly in black ink.

2. If you need extra space to complete any item within this supplement, use the space provided in Part 9. Additional
Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number)
at the top of each sheet; type or print the Page Number, Part Number, and Item Number to which your answer
refers; and sign and date each sheet.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None,” unless
otherwise directed.
4. Part 3. Applicant’s Statement, Contact Information, Certification, and Signature. Select the appropriate box to
indicate whether you read this supplement yourself. If someone assisted you in completing the supplement, select the
box indicating that you used a preparer. Further, you must sign and date your supplement and provide your daytime
telephone number, mobile telephone number (if any), and email address (if any). Every supplement MUST contain
the signature of the applicant. A stamped or typewritten name in place of a signature is not acceptable.

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5. Part 4. Contact Information, Declaration, and Signature of the Person Preparing this Supplement, if Other
Than the Applicant. This section must contain the signature of the person who completed Parts 1. - 4. of this
supplement, if other than you, the applicant. If the person who completed Parts 1. - 4. of this supplement is
associated with a business or organization, that person should complete the business or organization name and address
information. Anyone who helped you complete Parts 1. - 4. of this supplement MUST sign and date the supplement.
A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your
supplement is an attorney or accredited representative, he or she may be obliged to also submit a completed Form
G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with this supplement.
6. Part 5. Information About the Employer. Business entity employers must complete Item Numbers 1. - 11.
Individual employers must complete Item Numbers 1. - 3.e. and 12.a. - 16.

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7. Instructions for Industry and Occupation Codes

A. NAICS Code. The North American Industry Classification System (NAICS) is a standard in classifying business
establishments for use by federal statistical agencies. In the United States, the U.S. Department of Commerce
(USDOC), U.S. Census Bureau assigns each establishment one NAICS code based on its primary activity. You
can obtain the NAICS code from the USDOC, U.S. Census Bureau at www.census.gov/epcd/www/naics.html.
Type or print the code from left to right, entering one digit in each of the six boxes. If you use a code that is less
than six digits, type or print the code left to right and then add zeros in the remaining unoccupied boxes. For
example:
(1) Type or print the code sequence 33466 as 334660; or
(2) Type or print the code sequence 5133 as 513300.

B. SOC Code. The Standard Occupational Classification (SOC) System is used by U.S. federal agencies to classify
workers into occupational categories for data purposes. All occupations are classified into a SOC System code
by the U.S. Department of Labor (DOL), Bureau of Labor Statistics. You can obtain the SOC System codes from
DOL, Bureau of Labor Statistics at www.bls.gov/soc. Type or print the code from left to right, entering one digit
in each of the six boxes.
8. Part 7. Statement, Contact Information, Certification, and Signature of the Individual Employer or Authorized
Signatory of the Business Entity Employer. If applicable, the individual employer or authorized signatory of the
business entity employer should select the box to indicate whether he or she read this supplement himself or herself
in English. If applicable, he or she should select the box to indicate if someone prepared this supplement for him
or her. Further, he or she must sign and date this supplement and provide his or her daytime telephone number,
mobile telephone number (if any), and email address (if any). Every supplement MUST contain the signature of the
individual employer or authorized signatory of the business entity employer. A stamped or typewritten name in place
of a signature is not acceptable.
9. Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Supplement, if Other
Than the Individual Employer or Authorized Signatory of the Business Entity Employer. This section must
contain the signature of the person who completed Parts 5. - 8. of this supplement, if other than the individual
employer or authorized signatory. If the person who completed Parts 5. - 8. of this supplement for the individual
employer’s or authorized signatory’s behalf is associated with a business or organization, that person should
complete the business or organization name and address information. Anyone who helped the individual employer
or authorized signatory prepare Parts 5. - 8. of this supplement MUST sign and date the supplement. A stamped
or typewritten name in place of a signature is not acceptable. If the person who helped the individual employer or
authorized signatory prepare this supplement is an attorney or accredited representative, he or she may be obliged to
also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along
with this supplement.
We recommend that you print or save a copy of your completed supplement
to review in the future and for your records.

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What Is the Filing Fee?
There is no filing fee for Supplement J.

Where To File?
Please see our website at www.uscis.gov/i-485supj or visit the USCIS Contact Center at www.uscis.gov/contactcenter
to connect with a USCIS representative for the most current information about where to file this supplement. You can
also call the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in English and
Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.

Address Change

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You must notify USCIS any time you change your mailing address or physical address. You must notify us no later than
10 days after making such a change. For information on filing a change of address, go to the USCIS website at www.
uscis.gov/addresschange or the USCIS Contact Center at www.uscis.gov/contactcenter for help. You can also call the
USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in English and Spanish. For
TTY (deaf or hard of hearing) call: 1-800-767-1833.
Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not process change
of address requests.

Processing Information

You must have a United States address to file this supplement.

USCIS will reject any Supplement J that is not signed by the applicant and the individual employer or authorized signatory
of the business entity employer and issue you a notice that Supplement J is deficient. You may correct the deficiency and
resubmit Supplement J. Supplement J is not considered properly filed until USCIS accepts it.
Initial Processing. Once USCIS accepts your supplement we will check it for completeness. If you do not completely
fill out this supplement, you will not establish a basis for your eligibility and USCIS may reject or deny your supplement.
Requests for More Information. USCIS may request that you provide more information or evidence to support your
supplement. We may also request that you provide the originals of any copies you submit. If we request an original
document from you, it will be returned to you after USCIS determines it no longer needs your original.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your supplement.
At the time of any interview or other appearance at a USCIS office, we may require that you provide biometrics to verify
your identity and/or update background and security checks.
Decision. The decision on Supplement J involves a determination of whether you have established eligibility for the
immigration benefit you are seeking. USCIS will notify you of the decision in writing.

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USCIS Forms and Information
To ensure you are using the latest version of this supplement, visit the USCIS website at www.uscis.gov where you can
obtain the latest USCIS forms and immigration-related information. If you do not have internet access, you may call the
USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in English and Spanish. For
TTY (deaf or hard of hearing) call: 1-800-767-1833.
For questions about filing your application, you can use our many online tools (uscis.gov/tools) including our virtual
assistant, Emma. If you are not able to find the information you need online, you can reach out to the USCIS Contact
Center by visiting uscis.gov/contactcenter. This website is available in Arabic, Haitian Creole, Spanish, French, Polish,
Portuguese, Russian, Tagalog, Vietnamese, and Chinese.

Penalties

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If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Supplement J, we
will deny your Supplement J and may deny any other immigration benefit. In addition, you will face severe penalties
provided by law and may be subject to criminal prosecution.

DHS Privacy Notice

AUTHORITIES: The information requested on this and the associated evidence, is collected under the Immigration
and Nationality Act (INA) section 204(j).
PURPOSE: The primary purpose for providing the requested information on this application is to either confirm that the
job offered to you in Form I-140, Immigrant Petition for Alien Worker, that is the basis of your Form I-485, Application
to Register Permanent Residence or Adjust Status, remains available to you or to request job portability under the INA
section 204(j). DHS will use the information you provide to grant or deny the immigration benefit you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in
a rejection or denial of your application.
ROUTINE USES: DHS may share the information you provide on this application, and any additional requested
evidence, with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows
approved routine uses, as described in the associated published system of records notices [DHS/USCIS/ICE/CBP001 Alien File, Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/
USCIS-018 Immigration Biometric and Background Check] and the published privacy impact assessment [DHS/USCIS/
PIA-016(a) Computer Linked Application Information Management System], which you can find at www.dhs.gov/
privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the interest of national
security.

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Paperwork Reduction Act
An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection
of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The
public reporting burden for this collection of information is estimated at 1.07 hours per response, in addition to the
burden for completing Form I-485, including the time for reviewing instructions, gathering the required documentation
and information, completing the supplement, attaching necessary documentation, and submitting the supplement. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions
for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of
Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0023. Do not mail your
completed Supplement J to this address.

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Filing Steps for the Applicant

If requesting job portability under INA section 204(j), I have:

Properly filed Form I-485 that has been pending with USCIS for 180 days or more since the receipt date, and my
Form I-485 is based on an approved or pending Form I-140 in which I am named as the principal beneficiary;
Attached a copy of my Form I-797 receipt from my Form I-485, if available, or other secondary evidence
demonstrating my Form I-485 has been pending for 180 days;
Properly completed Parts 1., 2., 3., and 4. and signed Supplement J in Part 3. Applicant’s Statement, Contact
Information, Certification, and Signature;
Included all required supporting documentation listed in the What Evidence Must You Submit With Supplement J
section of these Instructions; and
My new employer completed Parts 5., 6., 7., and 8. and signed Supplement J in Part 7. Statement, Contact
Information, Certification, and Signature of the Individual Employer or Authorized Signatory of the Business
Entity Employer.

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