In a recent announcement on the utilization of available employment-based visas, USCIS urged those eligible for an employment-based adjustment of status to file their adjustment of status application as soon as possible.

The application must be accompanied by a valid Form I-693, Report of Medical Examination and Vaccination Record. USCIS added that it would increase the pace of these adjudications by prioritizing employment-based adjustment of status applications to limit the potential for employment-based visa numbers to go unused.

Employment-Based Visa Process

After obtaining an approved employment-based immigrant visa petition, there are two ways to become a Lawful Permanent Resident (LPR), also known as obtaining a Green Card, through an employment-based preference category.Noncitizens may seek LPR status through adjustment of status in the United States or consular processing of an immigrant visa with the U.S. Department of State (DOS) overseas.

Here’s the employment-based green card process in a nutshell

Two ways to seek LPR

1.Pursuing an immigrant visa with DOS

• The noncitizen must first complete the initial processing of their application with the National Visa Center.

• Then, DOS schedules them for an interview at a consular post and provides guidance for obtaining a medical examination.

• If DOS approves the visa application, they will place the immigrant visa on a page in the noncitizen’s passport.

• The noncitizen must then /pay the USCIS Immigrant Fee for the production of the Permanent Resident Card (Green Card).

• When the noncitizen arrives in the United States, they present their passport and immigrant visa to U.S. Customs and Border Protection (CBP) and request admission as an LPR.

• If CBP admits the noncitizen as an LPR, then the noncitizen is an LPR and will receive their Green Card in the mail after paying the USCIS Immigrant Visa fee.

2. Adjusting status through USCIS

• The noncitizen must be physically present inside the United States, and the entire process is completed domestically.

• The noncitizen may be required to appear for an interview at their local USCIS office.

• After USCIS approves their application for adjustment of status, they immediately become an LPR, and they will receive their Green Card in the mail.

Fact: Typically, 83% of employment-based immigrants pursue adjustment of status with USCIS, while 17% consular process with the Department of State. ‍

Source: U.S. Citizenship and Immigration Services

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