GC based on substantial change in responsibilities and other issues


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  1. I was recently promoted to supervisory role from a staff position. My new responsibilities are substantially different now (at least 50%) and my company has just agreed to start the GC process on the basis of my new position (and use my prior 3 year experience). However, I would like to confirm that the fact that I was promoted and didn’t get a new job (within the company or outside the present company, I know outside the company would have been best) weakens my case as its difficult to prove substantial change in responsibility?

  1. I also wanted to know if there is any other way to get sponsored when working for the same company from start (no prior experience)? The only options I am aware of is apply for a new job within the same company or promotion with at least 50% change in responsibility. Please note in my case, the condition is to stay with the same company.

  1. Feel free to provide any other comments you may have

As my company is still in the preliminary stages of the process I want to make sure they are on the right track from the beginning.

any help will be greatly appreciated

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It is not advisable to use experience gained on-the-job with the sponsoring employer to qualify for the position offered. The exception is if the job offered is substantial different than the work one has been doing with the sponsoring employer. You may wish to consult with a knowledgable immigration attorney in regard to reviewing your current versus offered position to analyze the risks involved with using on-the-job experience to qualify you for the sponsored position.

There are companies that do not require experience for certain positions which can be a basis for a Green Card application.

The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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