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See all posts Frank GogolComplete Guide to Form I-485 Supplement J
At a Glance
- H1B workers laid off have two grace periods: a 60-day period to find new employment or change status and a 10-day period for departure or status adjustments.
- Employers must notify USCIS of terminations, and workers must file for new visas due to H1B’s employer-specific nature.
- Options include changing to a B-1/B-2 visa or seeking new employment.
- Overstaying can lead to re-entry bans, and employers may bear return transportation costs.
USCIS offers many forms, and each form is intended to serve a specific purpose. If you’re asked to fill out Form I-485 Supplement J, then you must know the purpose of this form. The form was introduced in 2017. In this article, we explain what I-485 Supplement J is and how to fill it out properly to avoid rejection.
What is Form I-485 Supplement J?
The Form I-485 Supplement J or simply Supplement J is a form offered by the USCIS to confirm a bona fide job offer. But it’s also used to request job portability that you intend to accept from an employer. It is jointly filed by both the employee and the employer.
Hence, the official name of the form is Confirmation of Bona Fide Job Offer or Request for Job Portability.
Supplement J replaces the traditional letters that both the I-140 petitioner and the employer were asked to send to USCIS for verification. Thus, Supplement J simplifies the entire process.
This is a seven-page form that asks specific questions related to the applicants, and the job offers they have at hand.
With a completed Supplement J, USCIS can confirm that the job offer to the applicant that corresponds to the I-140 petition is bona fide. There are no internal agendas intended to abuse the immigration rules.
USCIS also uses this form to review all the job portability requests made by the workers under INA section 204(j).
Another purpose of the Supplement J form is to help USCIS determine if the job applicant or I-140 Petitioner or the employer offering the job is a “viable employer”. This means they should be financially capable of taking care of the alien worker in question. This is done to reduce welfare dependency.
In some cases, Supplement J is also used as an RFE or Request For Evidence for pending I-485 applications.
Who Needs Form I-485 Supplement J?
The Form I-485 Supplement J is completed by two categories of people. Those are:
- Form I-140 petitioners who are asked to confirm that the job offered to them is a bona fide job offer. This is part of the overall Form I-485, Application to Register Permanent Residence or Adjust Status.
- People requesting job portability to a new part-time, full-time, or permanent job role that is in the same or similar occupational classification as per the American Competitiveness in the Twenty-first Century Act of 2000.
Each category of applicants has to satisfy the requirements in their own application process.
When is Form I-485 Supplement J Required?
The use for the Form I-485 Supplement J is called for in any of the three following circumstances:
- When there’s a new I-485 application, Form I-485 is used to adjust to the status based on the I-140 petition, whether approved or still pending. The applicants are also required to submit the I-485 Supplement J along with it. But those who are filing I-485 and I-140 concurrently, are exempted from this requirement.
- When someone requests for porting to a new job under the AC21. USCIS does not make it mandatory for a proactive AC21 portability filing in the same or similar job portability requests, but they do request for preferences.
- When the applicant hadn’t submitted the I-485 Supplement J previously, USCIS will issue an RFE or NOID (Notice of Intent to Deny). This includes filing the Supplement J along with other requested forms and documents.
If any one of the above scenarios matches your case, then you should complete and submit the Supplement J form.
How to Complete Form I-485 Supplement J?
Form I-485 Supplement J is a 7-page form divided into eight parts. It is jointly filed and signed by both petitioner and employer.
As an applicant, you wouldn’t be completing all the parts. You are only requested to complete Part 1, 2, 3, and 4 of the form. The I-140 petitioner or the employer complete the other parts, which are Part 5, 6, 7, 8.
Here are all 8 parts of Form I-485 Supplement J:
Part 1: Reason for Filing Supplement J
There are two options, and you need to specify the correct option. You are either accepting the job offered on the basis of Form I-485 or you’re requesting job portability.
Part 2: Information About You
This is where you, as an applicant, submit your personal details. This includes your full name, US mailing address, Alien Registration Number, USCIS Online Account Number, Date of Birth, and Country of Birth. If you do not have an a-number or online account number, leave them blank.
Part 3: Applicant’s Statement, Contact Information, Certification, and Signature
You need to read all the statements mentioned in the section and sign on them to confirm. You’ll then be asked to provide your contact information like daytime telephone number, mobile telephone number, and email address. Provide the most updated ones that you’re not looking to change in the near future.
Part 4: Contact Information, Declaration, and Signature Preparer
If the applicant has asked another person to complete the form on his/her behalf, then they must submit their own details in this section.
Part 5: Information About the Employer
This is where the employer specifies the nature of his business, among other details. If it’s an individual employer who is sponsoring the alien worker, then he/she must submit the appropriate section.
Part 6: Information About the Job Offer
In this section, the employer must specify the job offer and provide more details. The details include job title, full time or part-time, wages, etc.
Part 7: Statement, Contact Information, Certification, and Signature of the Individual Employer
In this section, the employer provides his signature, contact information, and signature at relevant places.
Part 8: Contact Information, Declaration, and Signature of the Preparer
If another person other than the employer has completed the form, he/she must provide his contact details and signature.
Form I-485 Supplement J Cost
At the time of writing, there are no filing fees for Form I-485 Supplement J.
Read More
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- How Many Citizenships Can You Have?
- How Do I Know Which USCIS Service Center?
- How Do I Know If USCIS Received My Application?
- What “Country of Residence” and How to Know Yours When on a Visa
- How to Check Dropbox Eligibility with the App
Conclusion
After you’ve completed the form, you should send it to the relevant mailing address. Then the USCIS will issue a receipt notice, which you need to keep safe as evidence.