Employment-Based Adjustment of Status
Employment-Based Adjustment of Status is the path that many foreign nationals currently living in the U.S. choose to take if they have secured a job at which their employer is willing to sponsor their petition for a green card.
Applicants’ employers will need to file a Form I-140, Petition for Alien Worker, with the USCIS and indicate that the applicant will be pursuing adjustment of status. Once this form is approved and a visa number for the applicant’s country of origin is available, he/she will be able to fill out a Form I-485, Application to Register Permanent Residence or Adjust Status (if a visa number is readily available, the forms can be filed concurrently). Currently, 140,000 employment-based (EB) preference visas are available each year, but there is a limit on how many can be allotted to applicants from each country. Several other documents are typically required for this application, including but not limited to: an official job offer letter from the employer, recent photos of the applicant, and a form with basic biographic data.
An employer in the U.S. may petition on behalf of an employee (or prospective employee) under one or more of the employment-based immigrant visa categories.
Employment-Based Immigrant Visa Categories Include:
- Priority Workers (EB-1, Employment First Preference): Foreign national with exceptional ability in the arts, sciences, business, athletics, mathematics, or education; including professors and researchers. Also in this category are multinational business executives.
Professionals with Advanced Degrees or Exceptional Abilities (EB-2): Individuals whose skills and abilities can substantially benefit the economy, welfare, or cultural and educational interests of the U.S.
- Professional or Skilled Workers (EB-3): Professionals with a baccalaureate degree; foreign nationals who can perform skilled or unskilled labor for which qualified U.S. workers aren’t available.
- Special Immigrants (EB-4): Panama Canal Company Employees, U.S. Government in Canal Zone Employees, or Canal Zone Government Employees; religious workers; and certain doctors.
Whether you’re an individual seeking a work-related visa or you’re an employer petitioning on behalf of an employee, an immigration attorney can assist you in navigating this multi-step process. These types of work visas can be competitive to obtain since their quantity is limited. Working with a lawyer can help you ensure that the necessary paperwork and other responsibilities are properly handled. Similarly, if you are currently pursuing employment-based adjustment of status and running into roadblocks, our law firm can help you fight your case.
As immigration law continues to evolve, we can be a resource and advocate for you. Get in touch with Salmón-Haas Law today for a free consultation!