Immigrant related Frequently Asked Questions

I am in the process of getting a green card through labor certification but now I am getting a better job offer. Can I change the jobs and still retain the priority date? Or can I use the same labor certification for new employer?

If your occupation is a Schedule A occupation, your labor certification is valid indefinitely, for the alien in the application and for the particular occupation stated in the application. Applications for labor certification that involve a specific job opportunity (non-Schedule A applications) are valid only for that particular job opportunity.

Aliens of extraordinary ability never require specific job offers, and thus their labor certifications are valid for any job they take.

Members of professions holding advanced degrees or who are of exceptional ability normally require a job offer unless a waiver of that requirement is decided to be in the "national interest." Those who have obtained a national interest waiver have labor certifications that also apply to any job they take.

All other aliens are required to have specific job offers and therefore require a new labor certification in order to obtain a new employer.

A new petition must be accompanied by a new approved labor certification in all cases where a specific job offer is required. Also required to be included is evidence that the first certification was approved and never revoked.

Priority Dates

The good news is that in all cases (both Schedule A occupations and non-Schedule A applications), INS regulations now allow the retention of an original priority date on an approved petition for any subsequently filed petition for any of the above classifications.