Adjustment of Status from F1 Visa to EB-3 Featured
The Adjustment of Status process involves shifting from a nonimmigrant status, such as F1 (student visa), to an employment-based immigrant status, specifically the EB-3 visa category. As an F1 visa holder, you may have completed your studies and are now ready to embark on a new chapter in your professional journey.
Adjustment of status application process
To pursue AOS as an F1 visa holder through employment, the following general steps need to be followed:
Labor Certification: The employer sponsoring the F1 visa holder may need to obtain a labor certification from the Department of Labor (DOL). This step is typically required for most employment-based green card categories.
Form I-140: Once the labor certification is obtained, the employer must file Form I-140, Immigrant Petition for Alien Worker, with the United States Citizenship and Immigration Services (USCIS). This form establishes the eligibility of the F1 visa holder for the employment-based green card category.
Form I-485: The F1 visa holder, along with their employer's support, files Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form is used to formally request AOS and includes personal information, biometrics, and supporting documents such as medical examination results, financial information, and other required forms and fees.
Biometrics Appointment and Interview: The F1 visa holder will typically be scheduled for a biometrics appointment to provide fingerprints, photographs, and other biographical information. USCIS may also require the F1 visa holder to attend an interview to assess their eligibility for AOS.
Approval and Green Card: If the AOS application is approved, the F1 visa holder will be granted permanent residency and receive a green card, which serves as proof of their lawful permanent resident status.
Important Considerations
Priority Date: The filing of Form I-140 establishes a priority date for the F1 visa holder. The priority date is important because it determines the place in line for an available immigrant visa number in the employment-based preference category.
Visa Availability: The F1 visa holder must wait until an immigrant visa number becomes available for their specific employment-based category and priority date. The availability of immigrant visa numbers is determined by the Visa Bulletin published monthly by the Department of State. Once the priority date becomes current, the F1 visa holder can proceed with the AOS application.
Supporting Documentation: The F1 visa holder needs to submit various supporting documents, such as a copy of the approved Form I-140, employment verification letters, educational degrees, passports, and other relevant evidence to establish eligibility for the employment-based green card.
It is important to note that the process and requirements for AOS through employment can vary depending on the specific employment-based category and the individual circumstances of the F1 visa holder. Consulting with an immigration attorney or seeking professional guidance is highly recommended to navigate the AOS process successfully.
How to apply
The specifics of your Adjustment of Status application process may vary based on factors such as field and level of your education, job experience, current place of residence and other relavant factors.
Our proficient legal team, specializing in employment-based processing, will guide you through every step of the process, starting from the initial assessment and gathering all the required documents to obtaining the Green card and completing the final entry to the USA.
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