QUESTION
Is it mandatory for an employer to enroll in E-verify program in order to file I-485J. It’s EB3-unskilled category.
Asked on Sep 16th, 2024 on Immigration - Missouri
More details to this question:
My I-485 J ( EB3-unskilled category ) has been pending for more than 2 years. If I find a new employer to file Supplement J for me, then that’s employer has to be e verified.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The porting form, I-485J, has no requirement that the employer be on E-Verify. The employer must be bona fide and have the wherewithal to take on your employment. Also, the position must be in the same or similar occupation with your sponsoring employer as outlined in the labor certification. Whether you are in the EB-3 unskilled category or any other employment based category, the rules of porting are the same. Kindly note that porting is available where the I-140 has been approved, an I-485 has already been filed, and the I-485 has been pending 180 days. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 16th, 2024 at 2:56 PM