Employment-Based · Adjustment of Status

Adjusting to Permanent Resident Status from Within the U.S. (Employment-Based)

If you have an approved or concurrently filed EB-1 / EB-2 / EB-3 petition and are present in the United States in valid nonimmigrant status, you may adjust to permanent resident status with Form I-485 without leaving the country. This guide covers all seven steps, required forms, fees, and direct links to USCIS resources.

Are you eligible? Employment-based adjustment of status requires: (1) lawful admission— having been inspected, admitted, or paroled by U.S. Customs and Border Protection (CBP); (2) maintenance of valid nonimmigrant status through the time of filing, with no immigration or criminal violations; and (3) an approved I-140 / I-360 (I-140 may be filed concurrently with I-485 when the priority date is current; I-360 must be approved before filing I-485), with the priority date current.

01

File I-140 / I-360 and Obtain Approval

The first step is for the employer to file Form I-140 (Immigrant Petition for Alien Worker), or in religious-worker and other special-immigrant cases, Form I-360. The date USCIS receives the I-140 / I-360 (or PERM filing date, depending on category) becomes your priority date.

FormPurposeFeeUSCIS
I-140 Immigrant Petition for Alien Worker (EB-1 / EB-2 / EB-3) $715 + Asylum Program Fee* File I-140 →
I-360 Special Immigrant Petition (incl. religious workers, EB-4) $515 File I-360 →
I-907 Premium Processing for I-140 (optional) $2,965 File I-907 →

* Asylum Program Fee: $600 (standard) / $300 (small employer, < 25 employees) / $0 (nonprofit)

EB-1 and EB-2 / EB-3 applicants may concurrently file I-140 and I-485 if their priority date is current, shortening the overall timeline.

Learn about priority dates →
02

Confirm AOS Eligibility

Before filing I-485, confirm the following:

  • Lawful entry to the U.S. with valid visa or visa-waiver (must have I-94 record)
  • No overstay, unauthorized work, or status violations
  • No criminal record affecting admissibility
  • I-140 / I-360 approved (or concurrently filed)
  • Final Action Date has reached your priority date, or USCIS Visa Bulletin permits early filing of I-485
Check your priority date → USCIS Visa Bulletin →
03

Prepare the I-485 Application

Prepare Form I-485 together with the supporting documents below. Employment-based applicants generally do not file Form I-864 (Affidavit of Support); instead, the employer must file Form I-485 Supplement J (I-485J) confirming that the position and employment relationship remain valid.

FormPurposeFeeUSCIS
I-485 Application to Register Permanent Residence $1,440 File I-485 →
I-693 Medical examination (by USCIS-designated Civil Surgeon) paid to physician View I-693 →
Find Civil Surgeon →
I-485J Filed by employer to confirm EB-2 / EB-3 position is still valid no fee File I-485J →

Required supporting documents:

  • Passport copy (photo page and all visa pages)
  • I-94 admission record (download from CBP)
  • Documentation of maintaining current status
  • I-140 / I-360 approval notice (I-797)
  • Birth certificate (with certified English translation)
  • Marriage certificate (if married)
  • Divorce decree (if previously married)
  • 2 passport-style photographs
  • I-693 medical exam (in sealed envelope)
  • I-485J filed by the employer (confirming continued employment)
04

Concurrent Work and Travel Authorization (Optional)

The two ancillary applications below are not required, but we recommend filing them with the I-485 to provide work and travel flexibility while the I-485 is pending:

FormPurposeFeeUSCIS
I-765 Employment Authorization Document (EAD) $260 File I-765 →
I-131 Advance Parole travel authorization $630 File I-131 →

I-765 and I-131 are typically issued 3–6 months after filing. With an EAD you may legally work in the U.S.; with Advance Parole you may travel internationally (see critical warning in Step 05).

05

File Online or by Mail

USCIS now allows two filing methods:

  • Online filing: submit I-485 and concurrent forms via myUSCIS
  • Paper filing: mail to the designated Lockbox address (varies by state of residence)

Once received, you obtain "authorized to stay" status and may remain temporarily in the U.S. while the case is pending.

⚠️ Critical warning: do not depart the United States before obtaining your I-131 travel authorization—unauthorized departure may cause USCIS to deem your I-485 application abandoned and deny it. Even if you hold a valid H or L visa, we recommend consulting with an attorney before traveling abroad.

File online via myUSCIS → I-485 Lockbox addresses →
06

Receive Receipt Notice

Approximately 1–2 weeks after filing, applicants will receive a paper Receipt Notice from USCIS. The notice includes a Receipt Number that you can use to check your case status.

Check USCIS case status →
07

Biometrics Appointment (Fingerprints and Photo)

Within 2–4 weeks after filing, you will receive an Application Support Center (ASC) appointment notice for fingerprints and a photo. Bring:

  • ASC appointment notice (printed I-797)
  • Valid government-issued photo ID (passport, driver's license, etc.)

If the scheduled time is inconvenient, you may reschedule online before the appointment.

Rescheduling biometric services appointments →
08

Adjudication, Interview, and Final Decision

USCIS reviews your case in order of receipt and decides whether an interview is required. Employment-based cases are not always interviewed, but if an interview is scheduled it will be at a local Field Office (typically focusing on verifying the position, salary, and continuing employer-employee relationship).

What may happen during adjudication:

  • RFE (Request for Evidence): USCIS asks for additional documents
  • NOID (Notice of Intent to Deny): a final opportunity to rebut
  • Interview Notice: scheduling an in-person interview
  • Approval Notice: case approved (I-797 notice)

Once the Final Action Date reaches your priority date and all administrative checks are complete, USCIS will approve your I-485 application. After approval, your green card (Form I-551) will be mailed within several weeks to the address on file in myUSCIS— confirm your address is correct, and update it immediately if you have moved.

Check case status → Change of Address (AR-11) →

After receiving your green card: Permanent residents have ongoing obligations, including: (1) filing U.S. tax returns; (2) avoiding extended absences (continuous trips longer than 6 months may trigger scrutiny; trips longer than 1 year are typically considered abandonment); (3) avoiding criminal conduct that affects status; and (4) updating your address within 10 days of moving. If you plan extended international travel, consult an attorney about applying for a Re-Entry Permit (Form I-131).

Ready to file
your employment-based I-485?

EB-1 / EB-2 / EB-3 adjustment involves multiple forms, priority-date timing, and strict deadlines. Let us help you prepare or review your filing package.

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