EB-1B · Visa Bulletin

Applying inside the U.S. (Form I-485)

To get a green card without leaving the U.S., you file Form I-485 (adjustment of status). You must have been inspected and admitted or inspected and paroled (with limited exceptions); be physically present in the U.S. when you file; be the beneficiary of an approved I-140, or of a pending or concurrently filed I-140 that is ultimately approved; have a visa immediately available both when you file and when USCIS decides; not be barred from adjusting; be admissible (or eligible for a waiver or other relief); and merit USCIS's favorable discretion. If a visa is available, you can file together with the I-140, while it is pending, or after it is approved (and remains valid).^[1]

The job in the I-140 must still exist with the employer that filed it, and you must plan to accept it once your I-485 is approved; unless you file the I-485 together with the I-140, you include Form I-485 Supplement J to confirm the offer. Once your I-485 has been pending 180 days or more, INA section 204(j) lets you move to a new job or employer in the same or a similar occupational classification and keep using the I-140 ("porting"). You and the new employer request this on Supplement J. If the I-140 is still pending, it must have been valid when filed (you were eligible and had a valid job offer), and USCIS must approve it before it can approve the portability request.^[1,2]

While your I-485 is pending, you may apply for a work permit (Form I-765) and for advance parole to travel (Form I-131); leaving the U.S. without advance parole generally abandons the I-485. One exception: if you are in lawful H-1 or L-1 status and not in removal proceedings, travel does not abandon the I-485 if, on return, you remain eligible for H or L status, are resuming work for the same employer, and have a valid H or L visa if one is required. A family member in lawful H-4 or L-2 status who is not in removal proceedings has a similar exception while you keep your H-1 or L-1 status, if they remain eligible for H-4 or L-2 status and have a valid H-4 or L-2 visa if one is required.^[1,3]

Applying from abroad

If you live outside the U.S., or live here but want to apply abroad, USCIS sends the approved I-140 to the State Department's National Visa Center (NVC). The NVC collects fees and documents and contacts you when a visa number is about to become available; the consulate then schedules your interview and decides whether you are eligible for an immigrant visa. State Department guidance tells consular officers that an approved petition is prima facie evidence that you qualify as a priority worker, and that their review should focus on confirming the information is true and identifying potential fraud, not on deciding the petition again.^[4,5]

After the visa is issued, you pay the USCIS Immigrant Fee; USCIS encourages paying it before you travel. A U.S. Customs and Border Protection (CBP) officer at the port of entry decides whether to admit you as a permanent resident, and USCIS mails your green card only after the fee is paid.^[4,6]