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Friday, October 22, 2010

Porting to New Employer -- Case with First Employer Must be Approved

     Immigration recently published a case which affects foreign nationals who wish to become residents based on employment.  There are two parts to such a case:  the employer's petition and the foreign national's application for residency.
     The law says that a petition filed by an employer remains "valid" if over 180 days pass from the date the application for residency is filed.  It is not uncommon that Immigration takes more than 180 days to process a foreign national's application for residency. 
     In the past, foreign nationals were pleased with this law because many interpreted it to mean that they could change employers and "port" to a new job if Immigration did not decide the case within 180 days.
    Not so. 
    In this new case, Al Wazzan, Immigration has decided that in order for the foreign national to obtain residency, the first employer's petition must be approved.  This is a terrible decision because years after a foreign national no longer works with the first employer, the first employer may decide to withdraw the petition, sell or close the business.  If this happens, according to the new case, the foreign national will not obtain residency.

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