Skip to content
LAVAL · GOLD CARD FIELD GUIDE

Should the resignation date be set from the gift instruction or from admission?

Sources checked:

THE DIRECT ANSWER

A resignation date is a personal employment decision, but the new United States job must have a lawful work basis when it starts. A gift instruction is not that basis. Assess any independent permission, the employer’s flexibility and the household consequences of delay before tying notice to an expected immigration outcome.

Sequencing a career move around an uncertain decision

The case remains subject to eligibility in the applicable EB-1 or EB-2 category, admissibility, visa availability and any required interview or documents. Review category and chargeability early rather than assuming this analysis starts only after the gift. Ask what happens to the offer if processing takes longer.

A qualified estimate can inform the plan without becoming a promise of admission or a guaranteed start date. Hypothetical example: a biorepository and specimen storage business agrees to hold a role for one quarter and asks for a date by which the position will be filled or released. A date can be given honestly if it is expressed as a review point rather than as an expected approval, and if the employer is told plainly that the immigration outcome is not within anyone’s control.

Ask three questions before setting it: what notice the current employer requires, what the household’s costs are during any gap, and whether any independent authorization already held would permit the work sooner. Keep the answers written down, because the same questions return with each extension of the offer.