H1B and Green Card through an offer of permanent employment in the United States are no longer foreign topics! The current state of immigration and the H1B visa program has grasped a lot of attention recently and it has even become a hot (and controversial) topic during this election year.

In November 2014, President Obama addressed the immigration matter and issued a memo to the U.S. Citizenship and Immigration Services (USCIS) to take action to support H1B visa holders and the US companies. Among the changes he proposed, Portable Work Authorization for Highly Skilled Workers would allow foreign workers in the H1B status, who are on the path to green card, to get more flexibility and career growth while waiting for the actual green card.

Specifically, the action is meant to allow individuals with an approved I-140 (Immigrant Petition for Alien Worker) to move or change jobs (process called portability) in the same or a similar occupational classification as the original job offer in the Form I-140 petition submitted to USCIS.

As stated in the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), Public Law 106-313, section 204 (j) “the approval of a Form I-140 petition shall remain valid when an applicant changes jobs or employers, if:

• A Form I-485, Application to Adjust Status, on the basis of an employment based immigrant visa petition has been filed and remained unadjudicated for 180 days or more;
• The new job is in the same or a similar occupational classification as the job for which the petition was filed”.

This action is tremendously important not only because it would make the Green Card process a little bit easier to endure among highly skilled foreign workers (those who have been through this process know how lengthy, difficult, and and restrictive this is, but also to let these people succeed and have a greater impact on the US economy.

Yet, nothing has changed since 2014 and no action was implemented on this matter…In the meantime, there are many immigrant visa numbers that are unused each year.

Recently, the Skilled Immigrants In America (SIIA) has filed a petition for portable work authorization and recapturing the unused green cards. It received a tremendous response from the Skilled Immigrant Community. The petition reached 100k signatures yesterday.Thanks to all the folks who worked hard to make it happen. SIIA – Great work and a job well done!!

It is very important to recognize that these talented individuals in USA contribute and strengthen the US economy every day, so instead of hampering their success and career development why not make it easier on their natural career progression and general job mobility?  

– Andreaa Maier (Author)