Porting is a process for AOS applicants to change to a different employer while your I-485 (green card application) is pending. In order to port, the new job needs to be in a “same or similar” occupation as the original job. The attorney also needs to submit a Supplement J form with USCIS.
Purpose of the Supplement J:
It is typical to present a Supplement J (SupJ) Bona Fide Job Offer during interviews, especially if you're already working with the same sponsor or employer. This document serves as proof of your employment offer and helps demonstrate the legitimacy of your employment relationship.
The SupJ form has two main purposes:
Confirmation of Bona Fide Job Offer: This is used to confirm that you have received a genuine job offer from your current sponsor or employer.
Porting or Moving Sponsorship: It can also be utilized to transfer or move your sponsorship to a sponsor offering a “same or similar” role. (If you are a BDV client, porting must be pre-approved by BDV.)
We generally do not recommend porting to a different sponsor while your I-485 is pending. Please see the different scenarios below to find the scenario that applies to you. Please also note:
ALL PORTING REQUESTS MUST BE APPROVED BY BDV.
I. Porting Scenarios
Scenario 1: Your employer is requesting the port
Due to business needs, sometimes your sponsor may request you to port to a different location or employer while your green card is pending. This is very rare. If this happens, Client Services will coordinate with your sponsor on the new job details and start date. Client Services will also provide the attorney with your new job details for the Supplement J.
Scenario 2: You have not worked for your sponsor for at least 1 year
It is important that you work for the employer who sponsored you for at least 1 year. Contractually, you signed up to work for a specific sponsor based on their labor shortage, and BDV does not support switching sponsors in most cases.
Your employer sponsored you because they have a chronic labor shortage and have an immediate need for workers. It is not fair to the sponsor for you to gain your green card through the EB-3 Unskilled program but not fulfill your commitment to work for them.
If you have a significant reason which prevents you from working for your designated sponsor for at least 1 year, please let us know and we will further review your request. Exceptions are rarely approved. If your exception is approved, you will need to pay for your porting fees (see below).
Note: If you have not worked for your sponsor for at least 1 year, you should not port to another employer without first obtaining approval from BDV.
Scenario 3: If you’ve completed your 1-year work commitment BUT your green card is still pending
Even if you’ve worked for your sponsor for 1 year, we generally do not recommend switching employers if your I-485 remains pending. This is to prevent delays and disruption to your pending green card application.
However, if you absolutely need to port after working for at least 1 year, you may be able to do so by finding your own sponsor. (Note: BDV cannot match you with another BDV sponsor in most cases.)
Please reach out to Client Services letting us know the new sponsor you have chosen, and we can alert your attorney for a legal evaluation. If your attorney advises that this is possible, they will need to submit a Supplement J form.
Note: you should not port to another employer without first obtaining approval from BDV.
II. Porting Fees
It costs around $400 in legal fees to port to a new sponsor.
If your sponsor has requested this for their own business needs, often they will pay the porting costs.
If you have requested the port and your request is approved (rare), you will need to pay the porting costs.
Please reach out to Client Services if you have any questions about porting.
Q. Does porting affect my EAD renewal?
A. The Supplement J form is related to the I-485 / green card application and interview, not to the I-765 / EAD. If you have already started working for a new sponsor, you don’t need to have your Supplement J filed before renewing your EAD. In short, porting does not impact the renewal of the work permit.