Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment.

CFR · 2024-01-01 · US · Title 8

(a) (1) The employment offer by the petitioning employer is continuing; or (2) Under section 204(j) of the Act, the applicant has a new offer of employment from the petitioning employer or a different U.S. employer, or a new offer based on self-employment, in the same or a similar occupational classification as the employment offered under the qualifying petition, provided that: (i) The alien's application to adjust status based on a qualifying petition has been pending for 180 days or more; and (ii) The qualifying immigrant visa petition: (A) Has already been approved; or (B) Is pending when the beneficiary notifies USCIS of a new job offer 180 days or more after the date the alien's adjustment of status application was filed, and the petition is subsequently approved: ( ( (iii) The approval of the qualifying petition has not been revoked. (3) In all cases, the applicant and his or her intended employer must demonstrate the intention for the applicant to be employed under the continuing or new employment offer (including self-employment) described in paragraphs (a)(1) and (2) of this section, as applicable, within a reasonable period upon the applicant's grant of lawful permanent resident status. (b)

official document · source cfr-2024 · id 8:§ 245.25