EB-1C · Visa Bulletin

Adjustment of status

Filing Form I-485 in the U.S., including at the same time as the I-140.

If a visa is immediately available, the manager can file Form I-485 together with the I-140, while the I-140 is pending, or after it is approved.^[1,2]

Whether a visa is 'immediately available' depends on the monthly Visa Bulletin and on which chart USCIS designates that month: Final Action Dates or Dates for Filing. EB-1C uses the EB-1 row for the manager's country of chargeability.^[3,4]

A 'C' means current, so you can file regardless of priority date; a date means your priority date must be earlier than it; a 'U' means no visas are available for now.^[4]

Other conditions include having been inspected and admitted or paroled, being physically present in the U.S. when filing, the job offer still existing, being admissible, and meriting USCIS's discretion.^[1]

Form I-693, the medical exam report, must be filed with the I-485. Since September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485, which was revised for the new public charge rule.^[5]

Form I-765 (work permit) and Form I-131 (advance parole travel document) can be filed with the I-485; for an I-485 filed after April 1, 2024, each has its own fee.^[5]

Premium processing speeds up only the I-140. Form I-485 isn't on the premium list, and USCIS currently offers premium processing for Form I-765 only in certain F-1 student (OPT) categories, not for an I-765 filed with an I-485.^[6,7,8]

If USCIS denies the I-140 because the manager isn't eligible for the category, it also denies the I-485, I-765 and I-131 filed with it.^[9]

Once an I-485 has been pending 180 days or more, INA 204(j) lets the manager move to a new job in the same or a similar occupational classification using Form I-485 Supplement J, as long as the I-140 is approved or was approvable when filed.^[9,10]

Consular processing

Getting the green card through a U.S. consulate abroad.

After approval, if the manager lives abroad or chooses to apply abroad, USCIS sends the approved petition to the Department of State's National Visa Center (NVC), where it stays until a visa number is available.^[11]

The NVC collects fees and documents and notifies the employer and the manager when a visa number is about to become available. The immigrant visa application itself is Form DS-260.^[11,12]

When the priority date is current, the consulate schedules an interview and decides whether to issue the immigrant visa.^[11]

After receiving the visa, pay the USCIS Immigrant Fee and hand the sealed visa packet to U.S. Customs and Border Protection at entry; the green card is mailed after admission as a permanent resident.^[11]

Concurrent filing isn't possible in consular cases, because the petition is with USCIS and the visa application is with the Department of State.^[2]

A consular officer's refusal of an immigrant visa can't be appealed on Form I-290B.^[13]