When Job Loss Feels Like Immigration Collapse
You’ve done everything right.
You landed the job. Your employer sponsored your green card. You’re partway through the process — maybe you’ve already filed your I-140 or even your adjustment of status (I-485).
Then it happens: you lose your job.
Suddenly, everything feels uncertain. Will you have to leave the country? Do you lose your priority date? Can you find a new sponsor? Will your green card be denied?
The fear is real — and for good reason. The employment-based green card process is closely tied to your job. Losing that job can delay or even derail your case entirely.
But here’s the good news: depending on where you are in the process, you may still have options. In this post, we’ll break down:
- What happens if you lose your job during the green card process
- Which stages are most at risk
- Your options for staying on track
- How to protect your future residency
Why Job Stability Matters in the Green Card Process
Employment-based green cards (EB-2 and EB-3) rely heavily on one thing: a qualifying job offer from a U.S. employer.
That’s why the process includes:
- PERM Labor Certification – proving no qualified U.S. worker is available for the position
- I-140 Immigrant Petition – filed by your employer to classify you as eligible for permanent residency
- I-485 Adjustment of Status – the final step to become a lawful permanent resident (Green Card holder)
Here’s where job loss can cause trouble:
- Before I-140 approval: You’ll likely have to start over completely with a new employer — including a new PERM process.
- After I-140 approval but before I-485 filing: The clock resets unless your I-140 is approved and your priority date remains current.
- After I-485 has been pending for 180+ days: You may be able to transfer your petition to a new job under portability rules (see below).
Can I Keep My Green Card Process If I Lose My Job?
✅ Yes — if you qualify under I-140 portability (AC21 rule)
If you’ve already filed Form I-485 and it’s been pending for at least 180 days, you may be able to change jobs without losing your green card progress.
Requirements:
- Your I-140 must be approved
- Your new job must be in the “same or similar occupational classification”
- You must notify USCIS of the change using Form I-485 Supplement J
This is often called “porting” your green card — and it can save you from restarting the process.
🚫 No — if your I-140 isn’t approved yet
If you lose your job before the I-140 is approved, there’s little USCIS can do.
You’ll typically have to:
- Find a new employer
- Restart the PERM process
- Refile the I-140 under the new sponsor
This can mean delays of 12–18 months or more.
What If I’m on H-1B and I Lose My Job?
For many applicants, an H-1B visa is the nonimmigrant foundation for green card sponsorship.
If you’re on H-1B and lose your job, you generally have a 60-day grace period to:
- Find a new employer and transfer your H-1B
- Apply for a different visa
- Depart the U.S. voluntarily
If your I-140 has been approved for 180+ days, you may be able to retain your priority date even with a job change — but only if a new employer is willing to restart sponsorship.
Can I Find a New Sponsor and Keep My Progress?
Yes, but only if:
- Your I-140 was approved and valid for at least 180 days
- Your new position is similar in title and duties
- The new employer is willing to support a green card process
Even then, you’ll likely need to refile paperwork or submit a Supplement J.
Frequently Asked Questions About Job Loss and Green Cards
Will USCIS automatically revoke my green card application if I lose my job?
No — but they may deny or delay it if you no longer meet eligibility or fail to notify them of changes.
Can I keep my priority date after job loss?
Yes, if your I-140 was approved and not withdrawn within 180 days.
What happens to my dependents if I lose my job?
They may lose derivative status (H-4, etc.) once your work visa is no longer valid — unless you act quickly to transfer or adjust.
Can I use the same PERM certification with a new employer?
No. PERM is employer-specific. You’ll need a new PERM process for any new employer.
Should I talk to a lawyer before changing jobs?
Absolutely. Timing and classification are critical — even a small mismatch in job duties could lead to denial.
Don’t Let Job Loss Derail Your Green Card Dreams
Losing a job in the middle of your green card process is terrifying — but it doesn’t always mean starting over.
✅ Know your options
✅ Understand the rules
✅ Take action fast
We’re here to help.
