Suffolk County Employment Immigration Lawyers

Suffolk County Employment Immigration Lawyers

Your employer filed your green card paperwork three years ago. You’ve been waiting, working at the same company, watching your career stagnate because you can’t take better opportunities without risking everything. Now they’re doing layoffs, and you’re terrified that years of waiting will vanish overnight. Or maybe the relationship with your manager has gone bad, and you’re wondering whether they can use your immigration case as leverage to keep you underpaid and overworked.

This is the employer dependency trap that defines employment-based immigration in America. The process ties you to a single employer for years – sometimes a decade or more. Your green card belongs to a job, not to you, until the very end. If that job disappears for any reason, you may have to start over from scratch.

This article explains how employment-based green cards work, what happens at each stage when you need or want to change jobs, how the 180-day AC21 portability rule protects you (and when it doesn’t), what to do when the employer relationship fails, and how to strategically position yourself for mobility while protecting your case. Most employment immigration guides explain the forms. This one explains the power dynamics that actually control your life.

Heres the reality most guides wont tell you: your employer controlls your immigration case. They decide weather to file, when to file, how much to prioritize it, and weather to continue supporting it. Until your green card is physicaly in your hand, your American future depends on maintaining a relationship with an employer who has enormous leverage over you. Understanding this power imbalance – and how to navigate it – is essential to protecting yourself.

The Employment Green Card Categories

Employment-based green cards come in several preference categories, each with diffrent requirements and wait times. Understanding were you fit determines your entire timeline and strategy.

EB-1: Priority workers. This includes people with extraordinary ability in the sciences, arts, business, or athletics, outstanding researchers and professors, and multinational managers or executives. EB-1 dosnt require PERM labor certification, which makes it significently faster. If you qualify, this is the best path – but the standards are high.

EB-2: Advanced degree professionals or people with exceptional ability. Most EB-2 cases require PERM labor certification through the Department of Labor. The exception is the National Interest Waiver (NIW), which bypasses PERM but requires demonstrating your work benifits the national interest.

EB-3: Skilled workers (jobs requiring atleast two years training), professionals (jobs requiring bachelors degrees), and other workers. EB-3 always requires PERM. Processing times are often longer then EB-2 because of higher demand.

Your category affects not just requirements but wait times. EB-1 is generaly current for most countries. EB-2 and EB-3 have significant backlogs, especialy for applicants born in India or China. An EB-3 case for someone from India might face a 12+ year backlog after all the processing steps are complete.

The PERM Process – Where Employer Dependency Starts

For most employment green cards, the PERM labor certification is were everything begins – and were you become completly dependent on your employer’s cooperation.

PERM requires your employer to prove that no qualified U.S. workers are availible for the job. They must conduct recruitment, advertise the position, review applicants, and document why each U.S. worker who applied wasnt qualified. The process takes 18-24 months on average, longer if audited.

Heres what makes PERM dangerous for employees: the employer controlls everything. They decide weather to file at all. They control the job description, which affects what category you qualify for and how long youll wait. They handle the recruitment – and mistakes in advertising can get the whole case denied. You have almost no visibility into what there doing or weather there doing it right.

If you leave your employer before PERM is approved, you lose everything. The labor certification belongs to the employer, not to you. Your new employer would have to start the entire PERM process from scratch. Two years of waiting vanishes the moment you resign.

Common employer issues during PERM:

• Delays in starting the process (some employers wait years before filing)
• Incorrect job descriptions that put you in a longer backlog category
• Recruitment errors that trigger audits or denials
• Failure to communicate about case status
• Using immigration leverage to suppress salary or prevent promotions

The I-140 Stage – A Glimpse of Freedom

After PERM approval, your employer files Form I-140, the immigrant petition. This establishes your priority date – your place in line for a visa number. I-140 processing takes 6-12 months, or 15 days with premium processing.

The I-140 stage creates a complicated situation. The petition still belongs to your employer. They can withdraw it at any time before approval. If they withdraw after approval but before 180 days from when your I-485 is filed, the withdrawal can still hurt you.

But heres were things get intresting. After I-140 approval, you gain some protections even if you change jobs – though not completly. If you leave after I-140 approval but before filing I-485, your new employer must file a new PERM and new I-140, but you get to keep your original priority date. Thats huge for backlogged countries. You dont loose your place in line, you just need a new employer to sponsor you from there.

This creates a strategic window. If your employer relationship is deteriorating, I-140 approval is a critical milestone. Once you have an approved I-140, your priority date is portable. The years of waiting arent completly lost if you need to move on.

The I-485 Stage – The 180-Day Countdown

Form I-485, adjustment of status, is the final step – but its only availible when your priority date is current (a visa number is availible). For many applicants from India and China, this means waiting years after I-140 approval before I-485 can even be filed.

Once I-485 is filed, a critical clock starts. The AC21 provision of the American Competitiveness in the 21st Century Act provides job portability protections – but only after your I-485 has been pending for 180 days.

Before 180 days: If you change jobs, your I-485 is likely denied. You would need to withdraw the application and start over with a new employer (though you keep your priority date from the previous I-140).

After 180 days: AC21 portability kicks in. You can change employers as long as the new job is in the same or similar occupational classification. You must file Supplement J to notify USCIS of the change, but you dont need your new employer to file new PERM or I-140.

The 180-day window is the most vulnerable period in the entire process. You’ve filed I-485, you’re almost there, but you cant change jobs without loosing everything. If your employer lays you off at day 179, years of work are gone.

When Employers Fail – Layoffs, Acquisitions, and Closures

What happens to your green card case when your employer has problems? This depends entirely on were you are in the process.

During PERM: If your employer closes, gets acquired, or eliminates your position, the PERM case dies. The acquiring company can sometimes continue the case, but only if they can demonstrate a “sucessor in interest” relationship and the job position continues. Otherwise, you start over.

After PERM, during I-140: Similar situation. The I-140 can potentially transfer to a sucessor company under specific circumstances, but this is complicated and uncertain. If the company simply shuts down, you loose the pending I-140 and must restart with a new employer.

After I-140 approval, before I-485 filing: Your priority date survives because its based on your approved I-140. A new employer must file new PERM and I-140, but your place in line is preserved. The priority date can be “captured” by your new case.

After I-485 filed, before 180 days: This is disaster territory. Your I-485 will likely be denied. You keep your priority date, but you need a new employer to restart from PERM.

After 180 days: AC21 protects you. If your employer withdraws support after 180 days, your I-485 can continue as long as you find a new job in the same or similar classification. You must file Supplement J to notify USCIS of the new employer.

Corporate acquisitions are especialy complicated. Sometimes the new company continues sponsorship. Sometimes they dont. The legal analysis of weather a case can continue depends on factors like business continuity, job function survival, and proper documentation of the transition. Many acquired companies botch this and employees loose there cases.

Employer Leverage – The Hidden Power Dynamic

Employment-based immigration creates an inherant power imbalance between you and your employer. They know you cant easiliy leave. This affects everything from salary negotiations to workload expectations to how your treated when problems arise.

Common ways employers exploit immigration leverage:

• Below-market salaries: They know youll accept less because you need the sponsorship
• Excessive workloads: “You should be greatful we’re sponsoring you”
• Denied promotions: Promoting you might require updating PERM/I-140 documentation
• Threats during disputes: Explicit or implicit suggestions that immigration support could be withdrawn
• Delayed processing: Taking years longer then neccesary to file paperwork

Not all employers do this. Many are genuinly supportive and handle cases professionally. But the potential for abuse exists in every employment-based case because the power imbalance is built into the system.

Knowing your rights matters. Employers cannot legally retaliate by withdrawing immigration support because you complained about workplace violations. They cannot use immigration status to coerce you into illegal activity. But proving retaliation is difficult, and the practical leverage they hold is enormous regardless of whats technicaly legal.

Strategic Planning for Mobility

Even if your employer relationship is good now, things change. Companies get acquired. Managers leave. Layoffs happen. Planning for potential mobility while your case is pending is just smart strategy.

Document your priority date. Get a copy of your I-140 approval notice. Know your priority date and keep evidence of it. This is portable and represents years of waiting you dont want to loose.

Understand your current stage. Know exactly were your case is and what you would loose if you had to change jobs today. This affects every career decision you make.

Build your network. Keep relationships with recruiters and other employers in your field. If you need to change jobs, you want to find a new sponsor quickly – especialy if your in the 180-day window and a layoff would be catastrophic.

Consider timing strategicly. If your thinking about changing jobs and your I-485 is pending, try to wait until after 180 days if possible. That protection is worth alot.

Get copies of everything. Your PERM approval notice, your I-140 receipt and approval, your I-485 receipt – keep copies of all of it. If your employer relationship ends badly, you may not have access to there files.

The “Same or Similar” Requirement Under AC21

AC21 portability requires your new job to be in the “same or similar occupational classification” as the original job. USCIS dosnt use a simple SOC code comparison – they look at the totality of circumstances.

Factors USCIS considers:

• Job duties and responsiblities
• Education and training requirements
• Skill level and specialization
• Industry sector
• SOC codes (considered but not determinative)

Generally, moves within your profession are fine. A software engineer moving to another software engineering role at a diffrent company is clearly same or similar. A software engineer moving to product management might be questioned. A software engineer moving to marketing would likely fail.

Promotions are generaly acceptable if there in the same career track. Moving from Software Engineer to Senior Software Engineer to Engineering Manager is usually considered same or similar. Radical career changes are not.

If your uncertain weather a potential new job qualifies, consult an immigration attorney before making the move. Getting this wrong can result in I-485 denial even after the 180-day protection kicks in.

What To Do When the Employer Relationship Fails

Sometimes employer relationships go bad through no fault of your own. The company’s struggling, your manager is hostile, the promised support never materializes. Heres how to navigate it.

Assess your stage. What exactly would you loose if you left today? The answer determines everything.

Communicate carefully. If the relationship is salvagable, try to address issues before they become terminal. But dont reveal your job search – that could prompt them to withdraw support preemptively.

Start looking quietly. Line up alternative employers who would sponsor you. Know what your options are before you need them.

Consider the timing. If your close to a milestone (PERM approval, I-140 approval, 180 days on I-485), it might be worth enduring a difficult situation a bit longer to protect your case.

Document everything. If the employer is acting in bad faith – delaying your case, making threats, failing to meet promises – document it. This may matter later if there are disputes.

Get legal advice. An immigration attorney can help you understand your options, what you would loose by leaving, and how to structure a transition to minimize damage.

The Country of Birth Problem

Your country of birth determines which visa quota you fall under – and therefore how long you wait. The per-country limits in employment-based immigration create massive disparities.

For applicants born in most countries, EB-2 and EB-3 are generaly current or have short waits. They might complete the entire process in 3-4 years.

For applicants born in India, the EB-3 backlog exceeds 12 years. EB-2 India also faces multi-year backlogs. Someone who started there PERM in 2024 might not recieve there green card until the late 2030s.

China-born applicants face smaller but still significant backlogs – typicaly several years for EB-2 and EB-3.

This means employer dependency hits India and China-born applicants hardest. There tied to the same employer not just for the processing stages, but for years afterward waiting for a visa number to become availible. The psychological and career toll of decade-long dependency is enormous.

Premium Processing and Expediting Options

Some parts of the process can be expedited, but not the parts that take longest.

I-140: Premium processing is availible for $2,805 (as of 2025). This guarentees a 15-day processing time instead of 6-12 months. Its worth it.

I-485: Premium processing recently became availible for employment-based I-485s. This can significently speed up the final adjudication.

PERM: No premium processing availible. The Department of Labor moves at its own pace – currently around 13-24 months. Theres no way to speed this up.

Priority date wait: No expediting availible. You wait in line until a visa number becomes availible based on demand and per-country limits. No ammount of money speeds this up.

The biggest delays – PERM processing and priority date backlogs – have no premium option. Premium processing helps with I-140 and now I-485, but those arent usually the bottlenecks.

Common Mistakes That Destroy Cases

Employement immigration cases fail for predictable reasons. Avoiding these mistakes protects years of work.

Leaving before milestones. Changing jobs before PERM approval, before I-140 approval, or before the 180-day I-485 window passes destroys your case. Understand the milestones and dont cross them prematurely.

Failing to notify USCIS of job changes. If you change jobs after the 180-day window, you must file Supplement J. Failing to notify USCIS can result in denial.

Taking a non-qualifying job. Under AC21, the new job must be same or similar. Taking a job outside your classification loses your I-485.

Not keeping copies of documents. Your employer may not provide copies if the relationship ends badly. Keep your own records of every approval notice, receipt, and filing.

Ignoring employer problems. If your employer is struggling financialy, being acquired, or showing signs of instability, dont ignore it. Start planning alternatives before crisis hits.

Traveling without proper documents. Travel during pending I-485 requires advance parole (or valid H-1B/L-1 status). Traveling without proper authorization can abandon your application.

Employment Immigration Lawyers in Suffolk County

Employment-based immigration is complex, and the employer dependency makes it higher-stakes then most immigration processes. Having an attorney who understands both the legal requirements and the practical power dynamics is essential.

Look for attorneys who handle employment immigration regularly – not just family-based cases. Ask about there experiance with PERM audits, AC21 portability, and complex employer transitions. Find someone who will explain not just what to file, but how to strategicly navigate the years-long relationship with your employer.

Suffolk County has access to immigration attorneys throughout Long Island and the New York metro area. An initial consultation can help you understand were your case stands, what vulnerabilities you have, and how to protect yourself as you navigate the long road to a green card.

The employer dependency trap is real. But understanding it – knowing what you loose at each stage, when your protections kick in, and how to plan for mobility – gives you power in a process designed to leave you powerless.