What Happens to My Green Card Application if I’m Laid Off?

Losing your job while waiting for a green card can be stressful. You may worry about your legal status, pending paperwork, and future in the United States.

The good news is that a layoff does not always end your green card process. Your options depend on your visa type and how far your application has moved.

An experienced Employment Immigration Attorney San Antonio can help you understand your rights and protect your path toward permanent residency.

Does a Layoff Cancel Your Green Card Application?

A layoff does not always mean your employment-based green card application will be denied. The outcome depends on your filing stage.

Most employer-sponsored green cards involve three main steps:

1. PERM labor certification

2. Form I-140 immigrant petition

3. Form I-485 adjustment of status

Losing your job affects each stage differently. Knowing your current stage helps you plan your next move.

What Happens at Each Green Card Stage?

If Your PERM Application Is Pending

PERM labor certification is often the first step toward an employment-based green card.

If your employer lays you off during this stage, the process generally cannot continue without its support.

A new employer will usually need to start a new PERM process.

If Your Form I-140 Is Approved

An approved I-140 petition may offer some protection after a layoff.

If your petition has been approved for at least 180 days, employer withdrawal alone generally will not revoke it.

You may also keep your priority date for a future green card petition, subject to certain exceptions.

However, an approved I-140 does not automatically grant lawful immigration status or work authorization.

If Your Form I-485 Has Been Pending for 180 Days

You may qualify for job portability under the American Competitiveness in the Twenty-First Century Act (AC21).

This rule lets eligible applicants move to another employer without restarting their green card process.

The new position must be in the same or a similar job category. You must also meet other USCIS rules.

Eligible applicants generally request portability through Form I-485 Supplement J.

Can You Stay in the U.S. After Being Laid Off?

Your right to remain in the United States depends on your immigration status.

Certain H-1B workers may receive a grace period of up to 60 days after losing employment.

During this period, you may seek a new employer, request a change of status, or explore other legal options.

The grace period may end sooner if your authorized stay expires first. A pending I-485 may provide a separate basis to remain in the country.

Steps to Protect Your Green Card Application

Act quickly after receiving notice of a layoff.

• Review your case: Check your PERM, I-140, and I-485 filing dates.

• Save your records: Keep approval notices, filing receipts, and job documents.

• Check your status: Confirm your legal stay and work authorization.

• Explore new jobs: Look for employers willing to support your immigration process.

• Seek legal advice: Have an attorney review your options before deadlines pass.

Taking these steps can help reduce delays and avoid costly filing mistakes.

Speak With an Employment Immigration Attorney in San Antonio

A layoff can change your immigration plans, but it does not always erase your progress.

At DMCA, our immigration attorneys help workers understand employment-based visas, green card petitions, and adjustment of status options.

Our team can review your case, explain key deadlines, and help you identify possible next steps.

Contact DMCA today to speak with an employment immigration attorney in San Antonio about protecting your green card application after a layoff.