Adjustment Of Status Attorney On Employment-Based Green Card

When you have obtained U.S. employment, your next goal is securing a Green Card. By now, you have already been immersed in the American way of life and want a lawful permanent residency in the United States. Understanding the Adjustment of Status process can leverage this opportunity to achieve your dream.

This article provides essential information about adjusting your status through employment-based immigration. Discover the eligibility requirements, the overview of the process, and how working with an Adjustment of Status attorney can help you overcome common pitfalls.

Understanding Adjustment Of Status For Employees

Adjustment of Status (AOS) allows individuals already in the U.S. to apply for a Green Card without returning to their home country. Although appealing to many, this option is available only to individuals who entered the U.S. legally and meet specific eligibility requirements.

Foreign workers can complete the AOS process while employed in the U.S. It helps you avoid the consular processing route, which requires returning to your home country and attending a visa interview at a U.S. embassy or consulate. AOS eliminates the uncertainty and disruption of traveling abroad during the Green Card application.

For foreign workers on immigrant visas, such as EB-1, EB-2, and EB-3, adjusting status can mean transitioning to permanent residency through employment-based categories. This process allows you to leverage your profession and become a Green Card holder. If successful, you can remain in the U.S. without worrying about visa renewals or expiration dates.

If you’re eager to secure permanent residency through employment, Adjustment of Status provides a more direct path than other options. You must identify the option that adequately matches your qualifications to qualify for this process.

Green Card Pathways For Employment-Based Immigrants

Foreign workers on temporary visas have several options for employment-based Green Cards. Before starting the Adjustment of Status process, you must first determine which pathway aligns with your qualifications. An applicant’s eligibility varies based on three main employment-based categories.

• EB-1 (Priority Workers): This classification applies to individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives. Applicants must demonstrate significant achievements in their field through international recognition, leadership roles, or groundbreaking work.
• EB-2 (Professionals With Advanced Degrees Or Exceptional Ability): This category includes those with advanced degrees or individuals with exceptional abilities in their field. Employees must show they possess skills significantly above the norm and may benefit the U.S. economy, culture, or education system.
• EB-3 (Skilled Workers, Professionals, & Other Workers): This visa covers skilled workers with at least two years of experience, professionals with a bachelor’s degree, and unskilled workers. EB-3 has more flexible requirements than EB-1 or EB-2, making it accessible to a broader range of applicants.

Determining the most suitable category requires thoroughly evaluating your qualifications. Seeking Adjustment of Status legal help is often beneficial, as an attorney can assess whether your qualifications meet the selected category’s criteria. Moreover, their assistance can ensure a smoother Green Card application process.

Essential Steps For Securing Permanent Residency

Obtaining a Green Card through employment requires careful attention at every turn. When followed correctly, the process can move smoothly for foreign workers already in the U.S. on a temporary visa. Here’s a clear outline of the key steps for transitioning to permanent residency.

Step 1: Determine Eligibility

The first step involves identifying the immigrant visa classification that matches your qualifications. Understanding these requirements defines your eligibility to apply. A seasoned attorney can help you determine your suitability as an employment-based immigrant.

Step 2: Secure Employer’s Labor Certification

If you are applying under the EB-2 and EB-3 categories, your employer must obtain a labor certification. This process confirms that no qualified U.S. workers are available for the position. The employer must follow detailed recruitment procedures set by the U.S. Department of Labor.

Step 3: File The Immigrant Petition (Form I-140)

After securing labor certification, your employer files Form I-140, the Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition and supporting documentation demonstrate the need for your skills in the position and confirm the job offer’s legitimacy.

Step 4: Monitor Priority Dates

USCIS assigns you a priority date once Form I-140 is filed. This date determines when you can proceed with your application based on the availability of Green Cards in your category. Track your priority date through USCIS’s monthly Visa Bulletin to know when you are eligible to move forward.

Step 5: Apply For Adjustment Of Status

When the priority date becomes current, you can submit Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS. This step officially requests to adjust your status from a temporary visa holder to a lawful permanent resident (LPR) via an employment-based immigrant category. 

Step 6: Maintain Temporary Status

While waiting for Green Card approval, it’s important to maintain your temporary visa status. Comply with immigration regulations, such as a valid work visa and avoiding violations. Falling out of status can lead to the denial of your application.

Step 7: Attend Biometrics & Interview

After submitting Form I-485, you will attend a biometrics appointment where your fingerprints and photo will be taken for a background check. USCIS may also require an interview to verify your qualifications, job history, and visa status. Be prepared to present any necessary documentation during this process.

Step 8: Receive USCIS Decision

Once all steps are completed, USCIS will decide on your application. If approved, you will receive your Green Card, granting you permanent residency in the U.S. If additional evidence is requested, respond promptly to avoid delays.

Accurately completing each step allows you to progress smoothly toward permanent residency. Since this status shift requires patience, understanding the expected timeline helps you set realistic goals while you await approval.

Employment-Based AOS Expected Timeline

The timeline for employment-based Adjustment of Status varies based on several factors. One key aspect is your employment-based category. The EB-1 classification generally processes faster due to fewer applicants, while EB-3 often experiences longer wait times due to higher demand.

Your country of origin also plays a critical role. Applicants from countries with higher immigration volumes, such as India and China, frequently face slower timelines due to visa backlogs. The visa bulletin outlines these backlogs, indicating which priority dates are current and when applicants can file their I-485 forms.

Additionally, USCIS processing times differ based on the service center handling your case and its current workload. Requests for evidence (RFEs) can also delay the process, as you must submit additional documentation before USCIS continues processing your application.

Unforeseen issues, such as changes in immigration policy or personal circumstances, can affect overall processing times. While some applicants receive their Green Cards in a matter of months, others may wait over a year, depending on these factors.

It’s vital to prepare for potential delays and stay informed about any changes in your case status. Keeping track of your situation enables you to navigate complications more effectively. One way to do this efficiently is to seek support from an Adjustment of Status attorney.

Green Card Application Lawyer Helps Overcome Pitfalls

Navigating employment-based immigration presents unique challenges, especially when unexpected issues arise. A Green Card application attorney identifies potential pitfalls and addresses these issues before they escalate into unmanageable problems. Securing their services is like an investment in your future.

• Ensuring Complete & Accurate Documentation: A skilled lawyer reviews and files your forms and documents thoroughly, streamlining the process from the start.
• Keeping Track Of Important Deadlines: Legal support ensures you meet all deadlines for forms and responses, avoiding setbacks due to missed deadlines.
• Securing Proper Labor Certification: An attorney can help your employer navigate the labor certification process, ensuring you meet all requirements, particularly in EB-2 and EB-3 cases.
• Maintaining Legal Visa Status: An experienced lawyer advises you on how to maintain your visa status while waiting for AOS approval, ensuring compliance with immigration regulations.
• Responding Effectively To Denials Or Requests: Legal counsel assists you in addressing rejections or RFEs by responding effectively and providing more evidence to move the case forward.

Proper legal guidance can make all the difference when pursuing permanent residency through employment. Working with a dedicated immigration law firm can help you avoid unwanted missteps and ensure a trouble-free process.

Lincoln-Goldfinch Law Gives Solid Immigration Support

With a dedicated legal team, you can turn your Green Card goal into reality. Lincoln-Goldfinch Law guides you through each step towards employment-based immigration, ensuring you don’t overlook any details. Our compassionate approach acknowledges the roadblocks this path may present, and we strive to make the process straightforward.

Our experienced attorneys understand the nuances of immigration law and stay updated on the latest regulations that may impact your case. Whether it’s determining eligibility or filing critical forms, we’re prepared to tackle any challenge. Count on us to handle the complexities while you focus on your career.

We prioritize building authentic client relationships and provide personalized support at every stage. Our strong advocacy in immigration, especially employment-based cases, helps you propel your career to the next level and secure a stable future in the United States.

Summary

Securing a Green Card through employment involves several key steps, from determining eligibility to possibly responding to additional USCIS requests. Staying informed and organized is vital for navigating this process smoothly. Legal support can enable you to handle each stage carefully and avoid unnecessary delays.

By seeking professional guidance, you can significantly reduce the risk of errors that could jeopardize your case. Your journey to permanent residency doesn’t have to be a solo mission. Lincoln-Goldfinch Law helps you navigate the entire process confidently, and we ensure your application remains solid from start to finish.