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Employment after perm. res. 


 


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QUESTION:

How long does an employee have to stay with a petitioning employer after receiving permanent residency through labor certification?

 

ANSWER:
There is no explicit length of time that a foreign national has to stay with his employer after receiving permanent residency. In Matter of Marcoux, 12 I&N Dec. 827 (BIA 1968), the Board of Immigration Appeals examined this issue. There, after only five days, a foreign national quit a job for which he received labor certification because he intensely disliked the job.  He subsequently found a job he liked that paid a higher wage. Opposing counsel argued that the alien should be required to leave and submit a new labor certification application for the new job.  
 

The BIA rejected this argument instead focusing on the intent of the foreign national when he obtained permanent residence. The BIA determined that at the time of obtaining permanent residence, the foreign national intended to be employed in the first job indefinitely and possessed no fraudulent intent.  He did not intend to enter the U.S. under guise of accepting employment with the first company to seek employment with another company. 

Thus, recent beneficiaries of permanent residency need not be concerned about satisfying a specific number of months or years prior to obtaining a job with another company. The more important issue is whether the individual intended to work indefinitely for the company for which he received labor certification. Nonetheless, time will have an impact on this issue because the INS will examine the overall length of time that the foreign national stayed with the first employer before seeking employment elsewhere. This circumstantial evidence is viewed as a reflection of his intent at the time of receiving permanent residency.  A person who stays for a short period of time with his sponsoring employer after receiving permanent residency will have a harder time convincing the INS that he held the requisite indefinite intent.

 


 

 

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