EB-4 · Visa Bulletin

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

◈High confidence If you are in the United States, you apply for a green card on Form I-485 when a visa number is available, and each family member in the U.S. files their own I-485. Broadcasters file it after USCIS approves the I-360. USCIS lets certain armed forces members applying under INA 101(a)(27)(K), and special immigrant international organization employees or family members, file the I-485 together with the I-360 (concurrent filing). For other classifications, the regulation allows the I-485 only after the petition is approved; the I-360 form instructions say whether your group may file concurrently.^[1,2,3]

◈High confidence 8 CFR 245.1 bars some people from adjusting status, for example if they are not in lawful immigration status when they file or have ever worked without authorization. Some bars do not apply to certain special immigrants, and the exceptions differ from bar to bar. For example, the bars for not being in lawful status exempt special immigrants under INA 101(a)(27)(H), (I) or (J), which include the 1978 physicians and international organization special immigrants; of the two unauthorized-employment bars, one also exempts armed forces members under INA 101(a)(27)(K), but the other exempts no special immigrants besides (H) and (J). If you hold G status, you must first sign and submit the written waiver required by INA 247(b). An immigration attorney can check which rules apply to your history.^[4]

While your I-485 is pending, you can generally apply for a work permit (Form I-765) and for advance parole (Form I-131), which is advance permission to travel and be admitted to the United States on your return.^[1,5]

Applying from abroad

◈High confidence If you live outside the United States, USCIS forwards your approved I-360 to the Department of State for consular processing of the special immigrant visa. U.S. government employees abroad deal only with the State Department: by law their petition (Form DS-1884) can be filed only with the Secretary of State, and only after the status has been recommended and approved.^[1,6]