One common question for employment-based (EB) green card holders is, “How long do I need to stay with my sponsoring employer?” There’s often confusion about the so-called “six-month rule.” Let’s clarify this.

What is the “Six-Month Rule”?

The “six-month rule” suggests that after receiving your green card, you should stay with your sponsoring employer for at least six months. This is especially relevant for those who obtained their green cards through consular processing (while living outside the U.S.).

Example: Imagine you’re an employee sponsored by an Employer. After waiting abroad, you get your green card and come to the U.S. to work for them. If you leave after just one week for another job, USCIS may question whether your original intent was truly to work for the Employer. Leaving too soon could raise concerns about “fraudulent intent.”

The rule of thumb is to stay for a reasonable period—about six months—before moving on. Leaving too early may suggest you didn’t genuinely intend to work for the employer, but how strict is this rule?

Do You Need to Stay Six Months?

If you’ve already worked for your employer on a temporary visa (like H-1B or TN) for several years before getting your green card, this “six-month rule” may not apply. For instance, under the American Competitiveness in the 21st Century Act (AC21), you can switch jobs even before your green card is approved, as long as:

  • Your I-140 is approved.
  • Your I-485 has been pending for at least 180 days.
  • The new job is in the same field or a similar one.

It wouldn’t make sense to allow you to switch jobs while your green card application is pending but then force you to stay after it’s approved. USCIS generally doesn’t enforce the law that way.

What If You Are Laid Off After Getting Your Green Card?

If you’re laid off right after getting your green card, don’t worry. Your green card remains valid. USCIS understands that layoffs happen and are often outside your control, so losing your job won’t cause you to lose your green card.

Changing Jobs After Getting Your Green Card

Once you have a green card, you can seek new opportunities without needing sponsorship again. While you shouldn’t leave your sponsoring employer immediately (to avoid the appearance of fraud), going after a reasonable amount of time—even less than six months in some cases—is acceptable.

Conclusion

While staying with your employer for a reasonable time after getting your green card is wise, the “six-month rule” is not a hard requirement. If you’ve been with your employer for years on a temporary visa, there’s usually no need to stay an additional six months after your green card is approved. The key is that your intent to work for your employer was genuine when you applied. If you’re unsure or have unique circumstances, it’s best to consult an immigration lawyer.

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