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Ultimate Guide to Employment-Based Adjustment of Status

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Foreign nationals working in the United States with an employment visa can remain in the country permanently by obtaining a green card through employment-based adjustment of status. Employment-based adjustment of status is a path that many foreign nationals can take if they have a secured job with an employer who is willing to sponsor their petition for a green card. Our team at Akula & Associates P.C. has put together a guide to help you become a lawful permanent resident.

If you want to obtain a green card through employment-based adjustment of status, contact our Dallas immigration attorneys today at (844) 299-5003 for guidance.

Qualifications Needed for Employment-Based Adjustment of Status

To qualify for employment-based adjustment of status, you must have an EB-1, EB-2, or EB-3 visa. You must also currently be in the United States. If you have both of these statuses, you can file Form I-485 to register for permanent residence or adjustment of status.

It is also essential that you prove that the job originally offered to you in Form I-140, Immigrant Petition for Alien Worker, still exists and that you plan to accept the job once the U.S. Citizenship and Immigration Services (USCIS) approves Form I-485. However, if you have a new job or employer, you must submit evidence that the new job is in the same or similar occupational classification as the job in the original form.

How to Apply for Employment-Based Adjustment of Status

If you are currently in the United States as an EB-1, EB-2, or EB-3 immigrant, you will need to apply for Form I-140 first with the USCIS and indicate that the applicant will be pursuing adjustment of states. Once the form is approved and a visa number of the applicant’s country of origin is available, you will be able to fill out Form I-485 to obtain a green card without having to leave the country.

An employment-based adjustment of status can be extremely beneficial for immigrants since it allows you to skip the step of having to go back to your country of origin to obtain a green card through the consulate.

Employment-Based Immigrant Visa Categories

Below we explain the three different types of visas that qualify for employment-based adjustment of status:

  • Priority Workers (EB-1, Employment First Preference): Foreign nationals with exceptional ability in the arts, sciences, business, athletics, mathematics, or education, including professors and researchers. Also in this category are multinational business executives.
  • Professionals with Advanced Degrees or Exceptional Abilities (EB-2): Individuals whose skills and abilities can substantially benefit the U.S’s economy, welfare, or cultural and educational interests.
  • Professional or Skilled Workers (EB-3): Professionals with a baccalaureate degree; foreign nationals who can perform skilled or unskilled labor for which qualified U.S. workers aren’t available.

Do I Need an Attorney to Get a Green Card?

Going through an employment-based adjustment of status is a complex process that shouldn’t be handled alone. Failing to file your application right the first time can lead to delays and complications down the road. With our Dallas immigration attorneys on your side, you can have peace of mind knowing that we will use our knowledge and experience in immigration law and adjustment of status to help you achieve your desired results.

The immigration attorneys at Akula & Associates P.C. achieve success through efficiency, creativity, and practicality for all types of employment-based immigration matters. Although located in Dallas, we serve globally and offer services in ten languages. Let our team guide you with your immigration case from start to finish.

Contact our Dallas immigration attorneys today at (844) 299-5003 to schedule a consultation!