Self-employment in AC21?

[emailraja]

Can an alien port to self-employment under INA § 204(j)?

In this memo from William R. Yates, Associate Director for Operations, United States Citizenship and Immigration Services on May 12, 2005, that's what he seems to say.

http://www.immigration-law.com/AC-21 Memo 05-12-05.pdf

Scroll down to bottom of page 5.

Question 8. Can an alien port to self-employment under INA § 204(j)?

Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

Anyone know what INA § 204(j) is? In the answer, he refers to "the new employer".

What I really want to know is, can I start my own company using AC21?

 

[pralay]

Can an alien port to self-employment under INA § 204(j)?

In this memo from William R. Yates, Associate Director for Operations, United States Citizenship and Immigration Services on May 12, 2005, that's what he seems to say.

http://www.immigration-law.com/AC-21 Memo 05-12-05.pdf

Scroll down to bottom of page 5.




Anyone know what INA § 204(j) is? In the answer, he refers to "the new employer".

What I really want to know is, can I start my own company using AC21?

INA 204 defines Procedure for Granting Immigration Status.

You can start your own company (which has nothing to do with AC21), but you still have to qualify for "same and similar job" requirement in AC21. For example, if your LC/I-140 was for software engineer, your AC-21 job (self-employment in this case) still have to be same and similar to software engineer. You won't be able to invoke AC21 job as "president" or "owner" or "HR manager" of the company.