Portability Rule

The portability rule, also known as the "same or similar" rule, allows certain immigrants who have filed an application for a green card (lawful permanent residency) to change jobs or employers before their green card application has been approved. This rule applies to individuals who are in the United States and have an approved Form I-140, Immigrant Petition for Alien Worker.

Under the portability rule, an individual can change jobs or employers as long as the new job is in the same or a similar occupational classification as the job for which the individual's Form I-140 was approved. This rule allows immigrants to take advantage of new job opportunities while they are waiting for their green card to be approved, rather than being tied to their original employer.

To take advantage of the portability rule, the individual must have an approved Form I-140 and must be in valid nonimmigrant status. The individual must also have an offer of employment from a new employer in the same or similar occupational classification as the job for which the Form I-140 was approved. The new employer must also file a new Form I-140 on behalf of the immigrant.

It is important to note that the portability rule does not guarantee approval of the green card application. The individual's green card application will still be subject to review and approval by the United States Citizenship and Immigration Services (USCIS). The portability rule simply allows the individual to change jobs or employers while the green card application is pending.