The USCIS requires an I-485 Supplement J to confirm an offer of permanent employment for an employment-based adjustment applicant. This form applies to workers who either want to (1) maintain their current position; or (2) start a new position that is substantially similar to the position that was the subject of the I-140 petition and subsequent approval.
The form is completed only when it is signed by both the applicant and the sponsoring employer, is currently dated, and details the title and duties of the position, the salary, the minimum educational or training requirements, and the date the employment began (or will begin). A common challenge occurs when the new position is not properly described. When this happens, USCIS may interpret it to mean that it is not substantially similar to the I-140 job description, and the petition can be rejected.
Here, the client had left his I-140 employer when he was hired by another company for a similar role. The challenge was to make sure the job description was properly worded and support was properly provided.
The solution here was straightforward, but even when straightforward, particular efforts must be taken with the way the petition is worded and the evidence is provided. We worked closely with the client to ensure the job description was well-drafted to avoid questioning by the USCIS. We also made sure the employer provided a proper offer letter to support the petition.