EB-2 · Visa Bulletin

Adjustment of status (I-485)

Among other requirements, to adjust status in the U.S. you generally must have been inspected and admitted or paroled, be physically present when you file, and have a visa immediately available both when you file and when USCIS decides. You are ineligible if one of the bars to adjustment in INA section 245(c) applies to you. With the I-485 you include proof that you have kept a lawful status since arriving (or that INA 245(k) exempts you). The job in the I-140 must still exist with the employer that filed it and you must plan to take it, unless you have moved to a new job under INA 204(j) (see the FAQ). Form I-485 Supplement J confirms the job offer; include it unless you file the I-485 together with the I-140. If a visa is available, you may file the I-485 together with the I-140, while it is pending, or after it is approved (as long as it remains valid).^[1]

While the I-485 is pending you may generally apply for a work permit on Form I-765 and for advance parole on Form I-131 to travel. If you leave the U.S. without an advance parole document while the I-485 is pending, you will generally be treated as having abandoned the application.^[1]

Consular processing

If you are outside the U.S., or in the U.S. but will apply abroad, the approved I-140 goes to the State Department's National Visa Center (NVC), which collects fees and documents. At the interview the consular officer treats the approved petition as initial proof that you qualify (prima facie evidence), focusing on confirming its facts and checking for fraud rather than deciding the petition again, and confirms that you have the qualifications the labor certification is based on. After the visa is issued, you pay the USCIS Immigrant Fee so your green card can be produced.^[2,3]