If you seek an employment-based green card based on your employer filing Form I-140, USCIS may require you to file Form I-485J to demonstrate you have a job offer. However, if you file the I-485 and I-140 simultaneously, you do not need to file supplement J. This post will explore the ins and outs of Form I-485J including other scenarios that would warrant filing Form I-485J. The formal name of the I-485 Supplement J is Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). Before this supplemental form, USCIS would require applicants to submit job offer letters from employers to prove that they had a valid opportunity. In this guide we’ll explore best practices for an I-485j approval by going over the form, receipt notice, filing fee, and frequently asked questions.
What is an I-485J Form?
Form I-485J is used by USCIS to demonstrate you have a legitimate job offer for an employment-based adjustment of status application (specifically those who are in the midst of or have previously filed Form I-485 as the principal beneficiary of a valid Form I-140 in an employment-based visa category which requires a job offer.) Alternatively, it is also used to request job portability under INA section 204(j) to a new full-time permanent position. New I-485 adjustment of status applications are required based on a pending or approved I-140 but the supplement J is not required for I-485 filings based on an EB2 I-140 national interest waiver or EB1 extraordinary ability.
I-485J Processing Time
The processing time, as with any form can range on a case-by-case basis but on average you can expect the I-485J processing time to be between 8-14 months. Having it approved means that you are able to work in the U.S. while Form I-485 is getting processed.
I-140 Processing Delays Can Result in RFEs
We have seen instances where there is a substantial delay in processing a client’s I-140, and as a result, USCIS will send a Request for Evidence to make sure that the job offer is still valid. If you and your employer receive an RFE, then you should send USCIS Form I-485J. Should you neglect to respond to the Request for Evidence, you run a risk of getting your I-140 denied and the pending I-485 as well.
Substantially Similiar Job Under Request for Job Portability
Another scenario that would warrant Form I-485J is an individual who receives a new job offer with the same employer but for a different job than the one indicated on the original I-140. Alternatively, a new job offer with a different employer may necessitate Form I-485J under the request for Job Portability clause. Finally, if a previous I-485 is pending for 180 days or longer and the job applicant is seeking a “substantially similar job,” then USCIS requires Form I-485J.
What is a substantially similar job?
Under the American Competitiveness in the 21st Century Act (AC21), a substantially similar job is at minimum 51% similar (encompassing the responsibilities and duties required).
Form I-485J Step-by-Step Instructions
Here are steps to fill out each section in Form I-485 Supplement J.
Part 1. Reason for Filing I-485 Supplement J
In the first section, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), check off one of the following as your filing reason:
a.) Confirm that the job in the Form I-140 is still a bona fide job offer that you plan to accept once USCIS approves your I-485 or;
b.) Request job portability under INA section 204(j) to a new, full-time, permanent job offer you intend to accept once USCIS approves your I-485
Part 2. Information About You (Applicant)
In this section, fill in your:
- First and last name
- Mailing address
- Alien registration number (if applicable)
- USCIS online account number (if applicable)
- Date of birth
- Country of birth
- I-485 receipt number
- I-485 filing date
- I-140 receipt number
Finally, indicate whether USCIS approved your Form I-140.
Part 3. Applicant’s Statement, Contact Information, Certification, and Signature
It’s essential that you read the penalties section before completing Part 3 of Form I-485J. Under the Applicant’s Statement, you should certify that you can read and understand English and understand each of the questions on the form or select that you had a preparer help you fill out the answers. Next, in line 3, fill out your daytime/mobile phone number and email address. Following that, sign in line 6.a. with the certification that the copies you submitted are unaltered, precisely as they were prepared and that you understand USCIS may request original documents later.
Part 4. Contact Information, Declaration, and Signature of the Person Preparing This Supplement, if Other than the Applicant
This section should be filled out if a preparer helped the main complete the form. Include the full name, mailing address, contact information, and select if the preparer is an attorney or accredited representative whose representation extends or does not extend beyond the preparation of the supplement form. Check 7.a. if the preparer is not an attorney or accredited representative. In 8.a. and 8.b. the preparer should sign in ink and date.
Part 5. Information About the Employer
Select if the type of employer is a business/organization or a self/individual. Next, fill in the employer’s mailing address. If the employer is a business entity complete lines 3-10.
For applicants with an individual employer, fill out line 11.a. -15.
Part 6. Information About the Job Offer
The employer must fill out the information in part 6 regarding the job title, standard occupational classification (SOC) code, nontechnical description of the job, whether it is a full-time position, permanent position, address where the applicant’s work will take place and the wage offered.
Part 7. Statement, Contact Information, Certification, and Signature of the Individual Employer or Authorized Signatory of the Business Entity Employer
The individual employer or authorized signatory should certify that they can read and understand English as well as the questions contained in the form on line 1 or they used a preparer (to be named in Part 8). Lines 3.a. – 7 are to fill out the individual employer or authorized signatory’s name, title, phone number, and email.
Part 8. Contact Information, Declaration, and Signature of the Person Preparing the Supplement, if other than the Individual Employer or Authorized Signatory of the Business Entity Employer
If the individual preparing the I-485 J supplement is someone other than the individual employer or authorized signatory of the business entity employer, include their first and last name, mailing address, phone number and they should certify that they can read and understand English as well as the questions contained in the form.
Part 9. Additional Information
Include any additional information in this section.
I-485J Frequently Asked Questions
Below are some of the most frequently asked questions about Form I-485J. As with any legal matter it’s crucial to have a qualified immigration attorney advise your case.
What is an I 485J?
Form I-485J is used to demonstrate a bonafide job offer for employment-based applicants for adjustment of status who are in the midst of or have previously filed Form I-485 as the principal beneficiary of a valid Form I-140 in an employment-based visa category which requires a job offer. It is also used to request job portability under INA section 204(j) to a new full-time permanent position.
Is I-485J mandatory?
New I-485 adjustment of status applications are required based on a pending or approved I-140. However, supplement J is not required for I-485 filings based on an EB2 I-140 national interest waiver or EB1 extraordinary ability.
What is the I-485J approval notice?
The I-485J approval notice means that the job offer has been confirmed and is bonafide by USCIS.
How long does it take to get a green card after I-485J approval?
Approval times can range from 8-14 months and receipt of your application by USCIS can be 4-6 weeks. After approval, USCIS will mail you a Permanent Resident Card, Form I-551.
You can check the status of it online or by phone. Check out this guide on How to Check Your Case Status.
What is the Supplement J filing fee?
There is no filing fee for Supplement J.
Will USCIS send an I-485J receipt notice? If so, when?
USCIS will send the I-485J receipt notice. The wait for the I=485j receipt depends on whether you filed concurrently along with the immigration backlog. Once you receive the I-485j receipt, you can use that number to track your case status.
How do I track the status of supplement J?
If USCIS accepts your Supplement J you will receive a receipt number. You can use this number to check the status of your form on our Case Status Online page. If you filed Supplement J together with Form I-485 you can contact the USCIS center after the processing time shown on our USCIS Processing Time Information page has passed and you have not received a decision.