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My adjustment of status has been pending for 180 days. Can I port to self-employment?

By February 21, 2023Immigration
A self employed woman standing outside of her business

If you have been sponsored for a green card by a U.S. employer and your adjustment of status has been pending for 180 days or more, you may be able to take advantage of “portability,” which allows you to port to a new job in the same or similar occupational classification as the job on the prior I-140. Employees can port to a new job with the same employer or may port to a new job with a different employer. Another option is for the employee to port to self-employment.

What are the requirements to qualify for portability?

The foreign national must meet the following requirements to take advantage of portability:

  • The foreign national must have an approved I-140 or a pending I-140 that is eventually approved;
  • The I-140 petition must be in the EB1, EB2 or EB3 preference category;
  • The foreign national must have filed an adjustment of status that has been pending for at least 180 days;
  • The foreign national must have a new job offer in the same or similar occupational classification as described in the original I-140; and
  • The foreign national must submit a request to USCIS to port to this new job.

What are the requirements for porting to self-employment?

When porting to self-employment, the foreign national is still required to satisfy all the eligibility requirements listed above. The job must be in the same or similar occupation as the prior job and the foreign national must demonstrate that their new business and the new job offer are legitimate, meaning that there is actually an available job in same or similar classification and the business has sufficient work and resources to sustain the permanent position.

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