Instructions For Supplement J, Confirmation Of Bona Fide Job Offer Or Request For Job Portability Under Ina Section 204(J) (Form I-485) (Page 2 of 8) in pdf

If the underlying Form I-140 is currently pending with USCIS, you may still file Supplement J to request portability

to a new, permanent job offer. However, please know that USCIS must first adjudicate Form I-140 prior to making a

determination on your portability request.

You must have an approved underlying Form I-140 to be eligible to port to a new, permanent job offer under INA section

204(j).

When Should You File Supplement J?

If you are filing Supplement J to confirm that the job offer in the underlying Form I-140 is bona fide and still

available to you, you must submit Supplement J when:

1. You initially file your employment-based Form I-485 with USCIS unless you are filing Form I-485 together with

Form I-140; or

2. You have received a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) from USCIS requesting

confirmation that the job offer in the underlying Form I-140 is bona fide and still available to you or, if applicable, that

the job offer you have previously ported to under INA section 204(j) is bona fide and still available to you.

NOTE: You do not have to submit Supplement J at the time you file Form I-485 together with Form I-140. In

adjudicating Form I-140, USCIS examines whether the job offer is bona fide. If Form I-140 is approved, USCIS may

consider the approved Form I-140 and supporting documents, along with your filed Form I-485, as prima facie evidence

that the job offer is bona fide and that you, the applicant, intend to accept the job offer if your Form I-485 is approved.

However, depending on factors, such as the length of time it takes to adjudicate the underlying Form I-140 and your

filed Form I-485, USCIS may request that you submit Supplement J to confirm that the job offer in the underlying Form

I-140 is bona fide and still available to you prior to final processing of your Form I-485, or that you have ported to a new,

permanent job offer under INA section 204(j).

If you are filing Supplement J to request job portability to a new, permanent job offer under INA section 204(j),

you may file Supplement J only after your Form I-485 was properly filed and has remained pending for 180 days or

more since the receipt date, and:

1. You have received a new, permanent job offer from a U.S. employer that is in the same or similar occupational

classification as the job offered to you in the underlying Form I-140, and now you would like to request that the new

job offer be used in connection with your eligibility to adjust status to that of lawful permanent resident;

2. You have received an RFE or a NOID from USCIS in connection with your pending Form I-485 asking for

confirmation that the job offered to you in the underlying Form I-140 or a previously filed Supplement J is still

available to you; or

3. You have received a NOID from USCIS regarding your Form I-485 because the petitioner has withdrawn the

Form I-140 filed on your behalf, or the petitioner has gone out of business.

NOTE: If you are requesting job portability under INA section 204(j), USCIS will reject Supplement J if you file it

before your Form I-485 has been pending for 180 days or more since the receipt date. You can check your case status

online at

I-485 Supplement J Instructions 06/26/17 N

Page 2 of 8

Instructions For Supplement J, Confirmation Of Bona Fide Job Offer Or Request For Job Portability Under Ina Section 204(J) (Form I-485) Page 2