The eligibility requirements for an adjustment of status vary depending on which immigration category (such as EB-1A, EB-1B, or EB-1C), you are seeking. Applicants must be physically present in the US to file Form I-485. Otherwise, they typically need to use consular processing.
The USCIS provides 11 pages of instructions on how to complete an Adjustment of Status request through the filing of Form I-140. Foreign applicants who seek approval of EB-1 status based on extraordinary skills (EB-1A), an outstanding professor or researcher (EB-1B), or multinational supervisor or managerial criteria (EB-1C) must file Form I-140. An experienced immigration lawyer can guide you through the form, the instructions, and all related criteria.
Applicants who have filed a Form I-485 Adjustment of Status can check their place in the visa priority queue through the Visa Bulletin. According to the USCIS, “The Visa Bulletin provides the most recent date for when a visa number is available for the different categories and countries for family-sponsored, employment-based and diversity (lottery) visas.”
Immigrants seeking an employment-based visa (such as EB-1A, EB-1B, or EB-1C) visa will have their priority date set as follows
EB1A, EB1B, and EB1C visa immigration applicants must file a Form I-485, Application to Register Permanent Residence or Adjust Status after their initial petition is approved. Some applicants may be able to file their I-140 applicants currently with their Form I-485 petition.
EB-1 visa applicants who are not in the US must apply at a US Department of State Consulate for an immigrant visa. If the EB-1 petition is approved and you live outside the United States (or live in the United States but want to apply for your immigrant visa abroad), USCIS will then send the approved petition to the Department of State’s National Visa Center. The petition will remain there until an immigrant visa number is available for you.
The L-1 visa is a nonimmigrant visa with strict time limitations. Nevertheless, it is also a dual intent visa, which means that it is OK to seek permanent residence while you are in the US in L-1 status. You can also seek permanent residence for your spouse and children. Following is a brief description of how you might go about obtaining permanent residence in the US starting from L status.
There is a range of ways in which aliens (foreign citizens) can apply for a visa to work in the United States. One example is through investment visas (through the E2 visa immigration process). Another way is through the EB-1 visa process. The US Citizenship and Immigration Services, a division of the US Department of Homeland Security, authorizes EB-1 visas for immigrants who have unique qualifications such as extraordinary skills, exceptional academic and research skills, or particular supervisor and managerial skills.
