How soon after getting a green card can I leave my current employer without USCIS deeming my actions fraudulent?

There’s no clear-cut answer that defines how long you should stay with the employer that sponsored your green card. However, this is what the law indicates:

  • If the employee leaves position within 2 years of receiving the green card, then it is the burden of the employee to showcase that they accepted the position in good faith and with intent to remain in the position.
  • If the employee leaves position AFTER 2 years then it is the burden of USCIS to prove ill intention of the employee.

At any rate, the point of gaining a green card through employment is that you plan on having the position permanently. However, that is subjective since it’s not realistic to expect a person to have the same position for their entire lives. With that said, it’s probably not a great idea to leave a position the day after you get a green card unless there are extenuating circumstances that can clearly defend that decision.

You should consult an immigration attorney for assistance because these situations can be incredibly complicated. LawTrades can connect you to a seasoned immigration attorney that understands immigration law inside and out. We are committed to offering transparent, affordable pricing and we work on your timetable. Contact us today to learn more about our services.