USCIS has submitted to the OMB a new supplemental form to I-485 for review as part of the rule-making process. The new form entitled, "Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)," is used to certify that a bona fide job offer exists to support an employment-based I-485 application to adjust status.
The new Supplement J is used in one of the following two situations:
1) If the job offer continues to the job offer made in the original approved foreign labor permanent employment certification (PERM labor application), then the employer will certify that the job offer remains unchanged and valid (despite passage of time due to visa backlog).
2) When a visa applicant seeks to port the application to another employer as a result of a new job offer, the new Supplement J is to used to establish that the requirements under INA Section 204(j) (or AC21 Section 106(c), commonly known as the job flexibility provision) are met.
If the I-140 is filed simultaneously with the I-485, Supplement J is not required.
In terms of legal requirements, nothing has changed. However, the new supplement form must now be signed by both the employer and employee. The employer must also agree to certain legal requirements such as release of relevant company records, audits, on-site compliance visits, etc. To a certain extent, the new supplement could potentially make portability more difficult than before.
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