There are an exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022). In partnership with the U.S. Department of State, we are committed to attempting to use all these visa numbers. There are many more visas available in the first (priority workers) and second (workers with advanced degrees or of exceptional ability) employment-based categories than pending adjustment of status applications pending with USCIS.
If you are eligible, please consider applying in the first or second employment-based preference categories. If you have a pending adjustment of status application based in the third employment-based preference category but also have a pending or approved petition and an available visa in the second employment-based preference category, we strongly encourage you to request that USCIS “transfer the underlying basis” of your pending application to the second employment-based preference category. U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include:
•First preference (EB-1) – priority workers -Aliens with extraordinary ability in the sciences, arts, education, business, or athletics; -Outstanding professors and researchers; or -Certain multinational managers and executives.
•Second preference (EB-2) – aliens who are members of the professions holding advanced degrees or who have exceptional ability (including requests for national interest waivers).
•Third preference (EB-3) – skilled workers, professionals, or other workers.
Eligibility for Adjustment of Status
If you are currently in the United States, in order to be eligible for a Green Card as an EB-1, EB-2, or EB-3 immigrant, you must meet the following requirements:
•You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
•You were inspected and admitted or inspected and paroled into the United States;
•You are physically present in the United States at the time you file your Form I485;
•You are eligible to receive an immigrant visa;
•An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application. (For information on visa availability, see Visa Availability and Priority Dates, Adjustment of Status Filing Charts, and the Department of State website to view the Visa Bulletin);
•The job offered to you in the Form I140, Immigrant Petition for Alien Worker still exists with the employer that filed the Form I-140 on your behalf, and you plan to accept the job once USCIS approves your Form I-485. If you filed Form I-140 as a self-petitioner, you must plan to work in the same or similar occupational field as specified in your Form I-140;
•None of the applicable bars to adjustment of status apply to you;
•You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and
•You merit the favorable exercise of USCIS’ discretion.
Inspected and Admitted or Inspected and Paroled
Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. There are some limited exceptions to this eligibility requirement. Eligibility to Receive an Immigrant Visa You are eligible to receive an immigrant visa, if you are the beneficiary of:
•An approved Form I-140 filed on your behalf;
•A pending Form I-140 (that is ultimately approved); or
•A Form I-485 filed together with the Form I-140 (and the Form I-140 is ultimately approved).