This article discusses a successful employment based adjustment of status (green card) approved without an interview and provides valuable insights into the typical procedures and potential variations for adjustment of status through employment.
The employment based adjustment of status process allows foreign nationals to obtain their permanent resident card (green card) for the United States. We recently achieved a successful employment based adjustment of status for an employee, their spouse, and their unmarried child under the age of 21.
In this particular case, the United States Citizenship and Immigration Services (USCIS) approved the employment based green card application for the principal applicant (the employee) and their child without issuing a Request for Further Evidence (RFE).
However, the spouse’s application for adjustment of status did require further attention. USCIS issued an RFE specifically concerning the I-693 Medical Examination prepared by the designated USCIS civil surgeon. We promptly addressed the medical exam deficiency which led to the subsequent approval of the spouse’s adjustment of status.
The total processing time for this employment-based adjustment of status was 6 months from the initial filing of the adjustment application with USCIS to the final approval. This case was filed under the EB-1C employment-based category, a first preference for multinational executives and managers.
While the EB-1C category (including EB-1 category) often has a current priority date, allowing you to immediately file form I-485 adjustment of status, this is not typical for EB-2 and EB-3 categories. Applicants in these categories may face significant waiting times before they can file their I-485 due to Visa Bulletin backlogs. To learn more about processing timelines for all employment-based green card categories and how priority dates affect your filing eligibility, visit Green Card Priority Date and Visa Bulletin.
Interview Waiver for Employment Based Adjustment of Status
An important aspect of this case was that USCIS waived the green card interview for the employment-based adjustment of status for the principal applicant, spouse and child. This means they received their employment based green card without an interview. The decision to waive the interview is at the discretion of USCIS and can expedite the adjustment of status process.
Employment Authorization and Advance Parole
In this adjustment of status employment based case, we did not file for employment authorization and advance parole. This was because the principal applicant and spouse already held a valid work visa that allowed them to work and travel internationally while their adjustment of status application was pending.
It’s important to understand that applicants have the option to concurrently file for I-765 employment authorization document (EAD) and advance parole (travel document) along with their I-485 application, or at a later point after filing. However, you cannot apply for an EAD or advance parole without first having a pending adjustment of status application.
For individuals already in the U.S. on certain valid work visa statuses, such as L-1 ( L-1 for Canadians, L-1 New Office), E-1, E-2, E-2 Employee Visa (E-2 for Australians, E-2 for Canadians, E-2 for UK Citizens), E-3, TN, H-1B and O-1 it may not be necessary to apply for employment authorization to continue working while their application for adjustment of status is being processed.
Employment Based Adjustment of Status Timeline
The adjustment of status timeline for employment based cases typically involves several key stages:
Adjustment of status Processing Time
The adjustment of status processing time employment based is not uniform. It is influenced by several factors, including the specific employment based preference category (e.g., EB-1, EB-2, EB-2 NIW, EB-3), the USCIS service center handling the case, the volume of applications being processed, and whether any RFEs are issued.
Malescu Law can assist
This case shows a successful employment based adjustment of status with a 6-month processing time for the principal applicant, who received green cards without an interview. To learn more visit Adjustment of Status vs. Consular Processing.
If you need assistance, contact us or schedule a consultation with our experienced immigration lawyers to discuss your case or begin your employment based adjustment of status application process.
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