Departmental Request
Form I-140: The Immigrant Petition
Once the labor certification is approved (for EB-2s) or the supporting documentation is gathered (EB-1s), form I-140 can be filed. This is the immigrant petition, and is Emory University's application to sponsor the individual for permanent residency.
The form will include the following:
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Form I-140
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Approved labor certification (if applicable)
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Supporting documentation, to include:
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Letter from the department requesting that Emory University file the immigrant petition on behalf of the employee. (See quick links box for template.)
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Updated CV
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Copies of all current immigration documents
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For EB-1s, all supporting documentation gathered to evidence the individual's qualifications for the category.
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Application fee of $580
If an immigrant visa number is immediately available, the application to adjust status can be filed simultaneously with the Form I-140. If a visa number is not immediately available, the applicant must wait until his or her priority date has been reached before filing the application to adjust status.
The availability of a visa number will be based on the individual's priority date. The priority date is the date that the application for labor certification was filed with the DOL. For those applying for EB-1 status, the priority date is the date that the Form I-140 was received by USCIS. If the immigrant petition is approved, the priority date for the immigrant visa will be on the Notice of Action.
Check with the Visa Office in Washington, DC (link to http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html) to find out what the current preference availability date is for the individual's country. To get an approximate date of when a number will become available, count the number of months between the current availability date and the person's priority date. While waiting for a visa number, if the applicant wants to remain in the U.S., a valid non-immigrant status, such as H-1B, must be maintained.
Form I-485: Adjustment of Status
Once the priority date is reached and a visa number becomes available, the employee (and each dependent) files
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Form I-485: Application for Permanent Residence and supporting documents (i.e. birth certificate, marriage license)
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Form G-325A: Basic biographical information form (children under 14 need not file)
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Two immigration photographs
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Form I-693: Medical examination form
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Form I-134: Affidavit of Financial Support
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Documents as Evidence of Maintenance of Status (i.e. I-20IDs, IAP-66s, I-94)
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Filing fee of $930 for each applicant 14 or older, $600 for each applicant under 14
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Biometrics fee of $80 (only for those between the ages of 14 and 78)
If the applicant's authorization to work (H-1B) will expire before this point in the processing of the application, the employer may file for an extension of the H-1B. Instead of extending the H, the applicant and his or her dependents may file for employment authorization when the application for adjustment of status is filed. To apply, submit the following documents:
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Completed Form I-765: Application for Employment Authorization
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No additional filing fee
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Two immigration photos
If an applicant and/or his or her dependents wish to travel while the I-485 is pending, it is recommended that they apply for advance parole when the application for employment authorized is filed. To apply, submit the following documents:
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Completed Form I-131: Application for Travel Document
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No additional filing fee
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Two immigration photos
Filing the application:
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Mail all forms to the USCIS service center having jurisdiction over the applicant's place of residence with applicable filing fees;
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Upon receipt of the application, a Notice of Action will be mailed to the applicant;
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An appointment for fingerprints will also be mailed; and finally,
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A notice of action approving the I-485 application with instructions will be sent. The instructions may require the individual to report to the district office of USCIS for an adjustment interview.
ISSS can assist the employee in reviewing the documentation for the I-485, and if a visa number is available, can file the documentation concurrently with the I-140. However, we cannot provide legal advice specific to the I-485.
The Adjustment Interview
Some individuals will be required by USCIS to report for an interview prior to adjusting status. The person should take all required documents as requested by USCIS. The examiner will give temporary evidence of permanent residency and authorize employment with a stamp in the passport. The permanent residency card ("Green Card") is mailed.
Basic Requirements for Adjustment of Status:
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Must have entered the country legally; must have been "admitted" to the U.S.
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Even if "admitted" to the U.S., cannot adjust status if admitted as an exchange visitor in the J nonimmigrant category who is subject to the two-year foreign residence requirement and has not fulfilled the requirement or received a waiver of it
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Even if "admitted," cannot have engaged in employment in the U.S. without authorization
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Cannot adjust status if currently (or previously has been) out of status. (For students, this means must have been a full-time student and must not have been convicted of any criminal offense in the U.S. or any foreign country.)
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Must be "eligible" for immigration - must be an immediate relative of a U.S. citizen, a "special immigrant," or in one of the five "preferred" classes given priority for immigration
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An immigrant visa must be immediately available
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Must be "admissible" (or not "excludable"). There are grounds for exclusion from the U.S. - related to health; related to criminal, illegal or immoral conduct; related to political and national interest; economic grounds; and miscellaneous grounds.
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The presence of certain negative factors can lend to a discretionary denial of an adjustment application even when all previously-stated requirements have been met, such as a long history of immigration violations or intent to apply for permanent residency while representing him or herself as a bona fide nonimmigrant ("Preconceived intent").