A frequent concern among foreign nationals navigating the employment-based Green Card process is whether it’s permissible to accept a promotion or career advancement during the various stages—Labor Certification (PERM), Form I-140 (Immigrant Petition for Alien Worker), and Form I-485 (Application to Adjust Status). The short answer? Yes, it is generally possible to accept a promotion during the Green Card process—but it’s crucial to understand the legal nuances involved. Both the employee and the sponsoring employer must be aware of how career changes may affect the underlying immigration petition.

The standard employment-based Green Card process is divided into three stages:

1. PERM Labor Certification through the U.S. Department of Labor (DOL) for the specific job position.
2. Form I-140, which must be filed within 180 days of Labor Certification approval, demonstrating the foreign national’s qualifications and the employer’s ability to pay the offered wage.
3. Form I-485, the application for lawful permanent resident (Green Card) status, which is filed once the priority date is current according to the monthly Visa Bulletin.

Some applicants may be eligible to file Forms I-140 and I-485 concurrently. Others—particularly those affected by backlogs—may have to wait months or years for their priority date to become current.

The Labor Certification stage tests the U.S. labor market to ensure that no able, willing, qualified U.S. workers are displaced by the foreign national. It sets the educational and experiential baseline for the position and determines the wage level and the priority date. The I-140 petition then proves that the beneficiary meets the job requirements listed in the PERM and that the employer can pay the offered salary. Finally, the I-485 application is the request to adjust status, requiring proof of admissibility, such as lawful presence and the absence of disqualifying criminal or immigration history.

Understanding the “Future Job” Concept

A critical legal concept in the employment-based Green Card process is that the sponsored role is considered a future job offer—even if the employee currently occupies the same or similar position. From an immigration standpoint, the Green Card process anticipates the foreign national taking on the sponsored role after obtaining permanent residency. This framing helps clarify why career progression—even promotions or transfers—do not automatically conflict with the Green Card sponsorship, so long as the underlying terms remain substantially similar.

How promotions are treated will depend heavily on which stage of the Green Card process you’re in. Let’s walk through a hypothetical scenario to illustrate how promotions may impact each stage.

Imagine a company has three tiers of roles: entry-level, mid-level, and senior-level. The Labor Certification was filed for a mid-level role.

During the PERM Labor Certification Stage

If you’re currently in a mid-level position and the company initiates your PERM process for that same role, what happens if you’re offered a promotion during this time?

Legally, accepting the promotion will not invalidate the Labor Certification. PERM is focused solely on whether the sponsored position requires certain educational and experience levels—not whether you remain in the same job during the process. Even if you move into a higher-level role, the DOL will continue processing your PERM as long as the job duties and requirements of the certified position remain unchanged.

From a business perspective, however, your employer might raise internal concerns about whether it still makes sense to proceed with the mid-level position. That’s a separate issue, unrelated to immigration law. From an immigration standpoint, there is no legal reason not to proceed with the process.

During the Form I-140 Stage

Once the PERM is approved and you’re at the I-140 stage, the question becomes whether the beneficiary meets the job requirements in the PERM. The I-140 petition evaluates your qualifications and the employer’s ability to pay—not your current job title.

A promotion during this stage does not affect the past experience or education you gained prior to filing. Even if you’ve moved up the ladder, the I-140 is still valid as long as the employer and employee intend to honor the original job offer upon Green Card approval.

It is not uncommon for companies to offer a “lower” job title in the I-140 than what the employee eventually holds. As long as both parties are willing to move forward with the original PERM role upon Green Card issuance, USCIS generally will not object.

During the I-485 Adjustment of Status Stage

This stage is often where promotion-related questions become most urgent. You’ve made it through PERM and I-140, and now your I-485 is pending. What if you’re offered a promotion—or another company offers you a position?

The good news is that USCIS allows job flexibility once the I-485 has been pending for 180 days or more and the I-140 is approved. This is called portability under INA §204(j). You are allowed to accept a new job offer with either the sponsoring employer or a different employer, so long as the new position is in the “same or similar” occupational classification as the one certified in the PERM.

USCIS understands and expects normal career progression. A promotion to a role that builds upon the original job’s duties—such as moving from Software Developer to Senior Software Developer—is usually considered “similar” enough. However, dramatic shifts (e.g., Software Engineer to Accountant) could raise red flags and might jeopardize your application.

If you change employers, the new employer must submit Form I-485 Supplement J to confirm the new job offer. Importantly, there is no filing fee for this form. The Supplement J notifies USCIS that the new employer is willing to continue the Green Card process based on a qualifying job offer in the same or similar role—allowing you to avoid restarting the PERM and I-140 steps.

Final Thoughts

Promotions during the employment-based Green Card process are common and often expected. The key to navigating them successfully lies in understanding that the sponsored position is a future job offer and that job portability laws allow for some flexibility once certain milestones have been reached.

Whether you’re still in the PERM stage or already have an I-485 pending, it is usually possible to move up in your career without derailing your immigration process—as long as your decisions are informed by legal and procedural context. Before taking any action, it is wise to consult an immigration attorney to ensure that the new role aligns with your Green Card strategy.

For more information, or for a detailed conversation regarding your Green card process and how you can make career progression or employer mobility work for you and your family, I invite you to schedule a time to speak here.

By: Ryan A. Wilck, Partner and Attorney at Law

Ryan Wilck is a Managing Partner and attorney at Reddy & Neumann, P.C. with over a decade of US immigration law experience, enthusiastic and proactive in his approach assisting clients and their employees through the various phases of the permanent residency a/k/a Green Card process. “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life’s motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented approach to understand their specific goals and concerns, hoping to instill a sense of confidence and stability. Whatever your immigration problem or interest, he and his team will find a solution, through wisdom and effort. Reddy & Neumann, P.C. has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on employment-based business immigration. We work with employers and their employees, helping navigate the complex immigration process efficiently and cost-effective.

 We are committed to assisting our clients with navigating the complex PERM Labor Certification (ETA 9089 and other challenging immigration matters as an accomplished immigration law firm in Houston, Texas. Our team is here to offer the direction and support you require, whether you’re a company trying to hire top talent or a foreign worker seeking to develop a career in the United States. To find out more about how we can help you with your immigration issues, get in touch with us right away.