Schedule A precertification is discussed elsewhere in the U.S. Immigration Handbook. The affidavit of support will be required in any employment-based case where the petitioner is a relative of the beneficiary, or an entity in which a relative has a significant ownership interest. Sponsors signing the affidavit must be at least 18 years old, domiciled in the United States, and able to support both the sponsor s and the immigrant s families at an annual income level equal to at least 125 percent of the federal poverty guideline. Sponsors must notify the INS whenever they move during the effective period of the affidavit, and are subject to significant monetary penalties for non-compliance. The new affidavit of support becomes effective on December 19, 1997.
Additional information appears in the family-based immigration article .
Portability of Labor Certifications and Immigrant Petitions Until recently, a labor certification and employment based petition was considered specific to the petitioner. If the alien changed jobs or employers, the labor certification and petition were no longer considered valid. AC21 now provides that an immigrant petition for an individual shall remain valid with respect to a new job if the individual changes jobs or employers. However, the alien's application for adjustment of status must have been filed and remained unadjudicated for 180 days or more. The new job must also be in the same or a similar occupational classification as the job for which the petition was initially filed.