Employment
Based Green Cards

• Extraordinary ability (EB-1A) and National Interest Waiver (EB-2 NIW): you may self-petition by filing Form I-140 on your own behalf, without an employer.
• Outstanding professors and researchers, and multinational managers or executives: your US employer files Form I-140 on your behalf and must show a continuing ability to pay the offered wage, supported by tax and financial evidence.

US Department of Labor — labour certification (PERM)

EB-3 petitions, and EB-2 petitions other than National Interest Waivers, generally require an approved individual labour certification obtained from the Department of Labor on Form ETA-9089 before the Form I-140 is filed with USCIS.

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If you are already lawfully present in the United States, adjustment of status under EB-1, EB-2 or EB-3 requires that:

• a Form I-140 filed on your behalf has been approved, or is filed together with your application where that is permitted;
• an immigrant visa number is available for your category and country of chargeability under the current Visa Bulletin — availability is a precondition for filing, not a consequence of it;
• you file Form I-485, Application to Register Permanent Residence or Adjust Status, while physically present in the United States;
• you remain admissible, and USCIS then makes a final decision on the application.

If you are outside the United States, you use consular processing at a US embassy or consulate instead of Form I-485. There is no requirement to live in the United States to qualify for any employment-based category. Check current availability in the Department of State Visa Bulletin.

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As the beneficiary of Form I-140 you are the ‘principal applicant’. Where you are adjusting status inside the United States, the supporting evidence generally includes:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Copy of Form I-797, approval or receipt notice, for the Form I-140 filed on your behalf;
• Form I-485 Supplement J, confirming the job offered in the Form I-140 remains a bona fide offer
  • Note: a self-petitioner instead submits a signed statement confirming the intention to work in the occupation named in the Form I-140.
• Two passport-size photographs;
• Photocopy of a government-issued identity document with photograph;
• Photocopy of your birth certificate;
• Copy of your valid passport page;
• Copy of your passport page bearing the US visa stamp;
• Copy of Form I-94, Arrival/Departure Record, or the US Customs and Border Protection admission or parole stamp on your travel document (if applicable);
• Evidence that you have maintained lawful status since arriving in the United States (or that you are exempt under INA 245(k));
• Form I-864, Affidavit of Support under section 213A of the INA — applicable where the Form I-140 was filed by a relative who is a permanent resident or citizen;
• Form I-693, Report of Medical Examination and Vaccination Record — submitted with Form I-485 or later;
• Certified police and court records of any criminal charges, arrests or convictions, regardless of final disposition (if applicable);
• Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
• Note: most forms, including Form I-485, carry a filing fee. Check the current amount on the USCIS filing-fee schedule unless you are exempt or eligible for a fee waiver.

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A spouse or unmarried child under 21 may apply as a derivative applicant. Where they are adjusting status inside the United States, the evidence generally includes:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Evidence of the relationship to the principal applicant, such as a marriage certificate, birth certificate or adoption documents;
• Copy of Form I-797, approval or receipt notice;
• Two passport-size photographs;
• Government-issued identity document with photograph;
• Copy of the birth certificate;
• Copy of the valid passport page;
• Copy of Form I-94, Arrival/Departure Record, or the US Customs and Border Protection admission or parole stamp on the travel document (if applicable);
• Evidence of continuously maintained lawful status since arrival (or exemption under INA 245(k));
• Form I-864, Affidavit of Support under section 213A of the INA;
• Form I-693, Report of Medical Examination and Vaccination Record;
• Certified police and court records of convictions (if applicable);
• Form I-212, Application for Permission to Reapply for Admission after Deportation or Removal (if applicable);
• If currently holding A, G or E non-immigrant status: Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities (French residents may also need Form I-508F);
• Form I-566, Interagency Record of Request, if holding A, G or NATO non-immigrant status.