要贴就贴全啊
贴第一段不贴第二段不是断章取义嘛
12/28/2015: USCIS Proposes to Require Employers and Foreign Workers to
Attest Existence of PERM Certified Jobs in Filing EB-485 or in Portability
USCIS is in the process of rule-making to develop Supplement J form to EB-
485 form which is required in two circumstances: (1) When I-485 application
is "not" filed concurrently with the approved I-140 petition or (2) When
porting the approved I-140 petition after 180 days of filing of I-485
application. When I-485 application is filed concurrently with the I-140
petition, the USCIS will not ask employers and foreign worker to submit this
attestation form of Supplement J. This reform is intended to enhance
integrity of EB-485 proceeding involving the employer's bona fide offer of
the job and existence of the job, no matter whether the employer is the PERM
and I-140 sponsored employer or new employer in portability situation. The
foreign worker applicant will also have to make this attestation when EB-485
application is filed or when changing employment 180 days after filing of
EB-485 application. See the draft form.
Under the current circumstances of the EB immigrant visa number backlogs,
most of the foreign workers with the approved I-140 will file EB-485
applications separately from the approved I-140 petitions. Besides these
foreign workers tend to change employment while waiting for the visa numbers
180 days after filing of EB-485 applications. When they file EB-485
applications in the circumstances, both employers and the foreign worker
applicants will be required to make such attestations, particularly the new
employers when the foreign workers port to the new job. Especially in
porting to a new job, the new employer will be required to submit this
Supplement J form which is a attestation by both the new employer and the
foreign worker that the PERM approved and I-140 approved "offered job" exist
and will exist when EB-485 application is approved if the new employer
remains the same employer at the time. Accordingly, the USCIS intends to
tighten EB-485 process and integrity of the EB-485 proceeding, no matter
through the same employer or different employer. In the potability situation
, the employers and the foreigns should attest that the new job is a same or
similar job to the initially offered job in the underlying PERM application
and subsequent approved I-140 petition. Thus the compliance standard will
somewhat change and different when Supplement J is filed in the context of
the approved I-140 portability. This rule-making process is undertaken as
part of the Obama Administration's executive action to modernize the legal
employment-based immigration system. Please stay tuned.
