What If You Lose Your Job While Your Green Card Is Processing?

Losing the job that was about to get you a U.S. green card (lawful permanent residence) on the basis of that employment can be a huge shock. Unfortunately, there is nothing to stop a U.S. employer from terminating a position offered to a foreign national, even while an employment-based green card application is still pending approval. (Employment in the United States tends to be "at will," meaning the employer does not need good cause to fire someone.)

This article outlines possibilities for applicants who have been working in the United States to continue on the path to a U.S. green card as well as how to maintain lawful status in the country while waiting to resolve the situation.

After Being Fired, Can I Continue With U.S. Green Card Processing?

One of the first questions asked by immigrant applicants who lose a job is, "Is there any way I can continue with my application?" One important question will be whether you have already submitted Form I-485, which is the application form used to adjust status in the United States.

If You Have Not Submitted Form I-485

The good news, if you haven't yet filed adjustment of status paperwork with USCIS, is that it might be possible to get a green card despite this setback. The bad news is that you will have to start from square one, by finding another employer willing to sponsor you for permanent residence. That new employer will need to go through the whole labor certification process (including advertising, recruitment, and so on) on your behalf and then file a new I-140 petition for you. Only at that point could you file the I-485 application.

In most situations, you will be able to retain your previous Priority Date for purposes of your new I-140 petition. For example, if your previous I-485 application was based upon an approved I-140 with a priority date of December 1, 2024, you will be able to retain that Priority Date with your new I-140 petition, even if your new petition is not filed until December 31, 2025 (or any other date in the future).

If You Have Already Submitted Form I-485

There is an important subcategory of people who need not go back to square one. If you have submitted a Form I-485 (based on your original job) and it has been pending for 180 days, and you are able to find a job with another employer that's similar to the position described in your previous I-140, you will be able to make use of a U.S. law referred to as AC21.

Under AC21, a worker whose I-485 application has been pending for at least 180 days may change jobs and move to a different employer (that is, an employer that did not sponsor the worker's I-140 petition) to work in a position that is similar to the position in the previous I-140 petition. These 180 days are counted from the receipt date of your I-485 application. For example, if the receipt date for your I-485 application is January 1, 2025, then you can use AC21 as a basis to change employers any time after June 30, 2025.

This change in jobs is referred to as "porting." Porting is very simple, and foreign workers port to different employers every single day. The procedure to notify USCIS of your new job is to submit Form I-485 Supplement J to provide the details concerning your new job and employer.

You submit the Supplement J either:

• when you change jobs after the 180-day mark
• when you respond to a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) for your pending I-485 Adjustment Application, or
• when you appear for an interview at a local USCIS office to review your Adjustment Application.

There is no filing fee. You submit the Supplement J to the same address for submitting I-485 applications or in person at your interview.

USCIS will continue to process the I-485 application. There should be no interruption in the process due to porting.

How to Remain in Lawful Immigration Status After Losing Job With Sponsoring Employer

Another major concern for foreign nationals is how to maintain lawful status in the United States after a job loss. If you have already filed the I-485 application, you are in "authorized status." Losing your job, in and of itself, does NOT automatically jeopardize your status. You will remain in status until USCIS reviews your case (including calling you in for an interview) and denies the I-485 application.

At the time you filed your I-485 application, you might have also filed for Advance Parole (AP) (on USCIS Form I-131) and for Employment Authorization (EAD) (on USCIS Form I-765). If you did not file these forms, it would be wise to do so as soon as possible.

Your AP will allow you to travel abroad while you await a decision on your I-485 (although this is not recommended until you have sorted out your employment situation). Note that as of 2025, USCIS often takes a year or longer to process AP applications. It therefore might not be worth the expense of the filing fee, because you might very well get your green card before USCIS ever gets to your AP application.

Additionally, the EAD will allow you to work for any (or multiple) U.S. employers without requiring the employer to file an H-1B petition on your behalf. Remember, once you have a new employment offer from a U.S. employer, you may qualify for "porting" under AC21 (please refer to the AC21 explanation above).

See Maintaining Legal H-1B Status While Waiting for a Green Card for more detail.

You Might Need Professional Legal Help

Although losing a job with a sponsoring U.S. employer can have serious consequences for one's immigration status, U.S. law, and in particular AC21, provides several avenues for maintaining lawful status and continuing with green card processing. However, the complexities of these laws make it potentially difficult for you to take advantage of their provisions. It is highly recommended that you consult with an immigration attorney about your options and for assistance in managing and completing the paperwork.