An unusually large number of employment-based green cards are available for the current fiscal year, October 2021 to September 2022. US Citizenship and Immigration Services (USCIS) is working to use every one of these visa numbers along with the US Department of State. Many more employment-based first (EB-1 priority workers) and second (EB-2 workers with advanced degrees or exceptional ability) preference visas are available than pending Form I-485 adjustment of status applications.
Individuals who are eligible should consider applying in EB-1 and EB-2 categories. Those with pending EB-3 adjustment of status applications also have a pending or approved EB-2 Form I-140. And an available visa in the EB-2 category should consider requesting the USCIS to transfer the “underlying basis” of their Form I-485 applications.
Transferring the Underlying Basis of a Pending Form 1-485
A few candidates might be eligible to transfer the underlying basis of their pending Form I-485. Application to Register Permanent Residence or Adjust Status, to an alternate business employment-based immigrant category based on another Form I-140, Immigrant Petition for Alien Workers. To qualify for this transfer, the candidates should meet every one of the following conditions:
- They have continuously maintained eligibility for adjustment of status.
- Their unique I-485 applications are as yet pending.
- They are eligible for the new immigrant category, and
- They have a visa quickly available in the new immigrant category.
Employment-Based Green Cards Available in FY2022
Candidates should work closely with their immigration lawyers. To request that their pending Form I-485 be moved to another employment-based category. People should not submit a new request to move their underlying basis if another request is pending. These requests are processed by the USCIS office that has jurisdiction over the pending Form I-485.
If a candidate requests to move the underlying basis to a previously approved Form I-140, and I-485 Supplement J application is expected to confirm the validity of the job offer. Supplement J isn’t required if the candidate requests to move the underlying basis to a pending Form I-140.
No new adjustment of status application or filing fee is needed to move the underlying basis of a pending Form I-485.
USCIS utilizes its discretion to approve or deny requests to move a candidate’s underlying basis. Also, your lawyer can help guarantee your documents are precise and follow USCIS requirements.
For help in filing an adjustment of status or to move an underlying basis to another employment-based category. Or for other case-specific inquiries, contact your trusted Chugh, LLP immigration professional.