The “six-month rule” suggests that after receiving your green card through employer sponsorship, you should stay with your sponsoring employer for about six months. This is especially relevant for those who got their green cards through consular processing (while living abroad).
Why is the Six-Month Rule Important?
Staying with your sponsoring employer for a reasonable period after receiving your green card helps demonstrate to U.S. Citizenship and Immigration Services (USCIS) that your intent to work for the employer was genuine. Leaving too soon, such as after a week or two, may raise concerns with USCIS about whether your original intent was fraudulent. If USCIS suspects this, it could investigate whether you truly intended to work for the sponsor when your green card was granted.
According to the USCIS Policy Manual (Volume 7, Part E, Chapter 5), employment-based green card applicants must have a genuine offer of permanent employment from their sponsoring employer at the time their green card is approved. If USCIS determines that this intent was lacking, it could be grounds for revocation.
Example Scenario
Imagine you’re an employee who waited abroad for your green card. You move to the U.S. and start working for the employer who sponsored you. If you leave after just one week for a different job, USCIS might question whether your true intent was to work for that employer. In such cases, leaving too soon could raise red flags, suggesting potential fraud.
Do You Need to Stay Six Months?
While the “six-month rule” is a helpful guideline, it’s not a strict legal requirement. USCIS considers the totality of your circumstances. If you’ve already worked for your employer on a temporary visa, such as an H-1B or TN visa, for several years before getting your green card, this rule may not apply as strongly.
Additionally, under the American Competitiveness in the 21st Century Act (AC21), applicants are allowed to change jobs even before their green card is approved, as long as:
- Their I-140 has been approved.
- Their I-485 has been pending for at least 180 days.
- The new job is in the same or similar field.
USCIS typically applies a flexible approach when assessing intent in such cases, focusing more on the timeline and circumstances than enforcing a rigid six-month rule.
Conclusion
Staying with your employer for about six months after receiving your green card is generally a good idea, but it’s not a hard rule. USCIS takes a flexible approach based on individual circumstances, especially if you’ve worked for the employer under a temporary visa for a long time. However, leaving too soon after getting your green card could raise concerns, so consulting with an immigration attorney before making any changes is advisable.
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