Toll Free: 800.237.8331
Tel: 703.243.1474
Fax: 703.243.1494
E-mail: info@ocho.com
INFORMATION CENTER
Immigrant Visas
Employment-Based Sponsorship
Once the I-140 is approved, the foreign national should be in position to file for I-485 adjustment of status application with the BCIS Service Center or consular processing. Contrary to the first two steps of process, this application is to be filed by the foreign national him/herself, not by the employer. However, the employer is required to provide an employment offer letter to verify that it intends to continue the sponsorship pursuant to the terms and conditions of the approved labor certification.
The I-485 application must be filed with the BCIS Service Center having jurisdiction of the residence of the applicant. The I-485 application requires that the foreign national submit extensive documents and subject to fingerprints to verify his/her current immigration status, health condition, criminal history, and other background information. This is to allow the BCIS to examine if the foreign national is subject to any statutory bar.
- G-28
- I-485
- I-485 Supplement A, if you are filing the application under 245(i) of the INA
- Copy of passport, I-94 and visa stamp page for you and your family members
- Copy of birth certificates for you and your family members
- Copy of marriage certificate; if any
- Copy of divorce decree; if any
- Copy of children's birth certificate; if any
- Employment offer letter and affidavit of support (I-134 for family members)
- IRS9003
- Fingerprint Filing Fee: $50 per person payable to BCIS
- 2 green card photos (2 more if wants work permit and 2 more if wants advance parole)
- Medical Examination (requires vaccination record. If vaccination record is not available, then may be required to take some shots).
- Filing fee payable to BCIS $255 per person and $160 per person under 14 years of age
- Penalty of $1,000 payable to BCIS for each applicant whoever illegal stayed or employed (applicable only for applicants over 17)
- I-765, if wants work permit (filing fee is $120.00)
- I-131, if wants advance parole (filing fee is $110.00)
- I-140 Approval Notice and a copy of the visa petition, which includes labor cert. application
- All immigration related documents (i.e. H-1B approval notices, I-20, prior EADs, etc.) to show that you have been in a valid status since your initial arrival in the United States.
- State and Federal Income Tax Returns since your initial employment in the U.S.
- Evidence of physical presence as of December 21, 2000 if you are applying under 245(i).
GENERAL INFORMATION ONLY. PLEASE CONTACT YOUR IMMIGRATION LAWYER FOR SPECIFIC INFO ABOUT YOUR CASE.
** It is important to note that once your I-485 application is filed, you CANNOT travel abroad unless you first obtain an advance parole document from the BCIS (You must not travel even with an advance parole if you have accrued at least 180 days of unlawful presence before you file your I-485 application. Travel abroad after accuring at least 180 days of unlawful presence will trigger three-year bar. Travel abroad after accuring one year of unlawful presence will trigger ten-year bar. Three to ten year bar means that you will not get your green card status for three or ten years, unless you qualify for a waiver). If you are under H-1B visa status (with a valid H-1B visa on the passport) and have not worked using EAD, you should be able to travel abroad with the H-1B visa and the receipt of I-485 filing. If you decide to obtain EAD and then work with the EAD, your H visa status will no longer be valid, and you will need to obtain an advance parole document before travelling.
** When you file your I-485, if you have already been employed by the sponsor, irrespective of your legal status, the employer should put you on the payroll and pay you at the rate no less than the wage offer as stated in the alien labor certification.
** PLEASE NOTE THAT THE PROCESS TIME FOR EAD AND OTHER IMMIGRATION BENEFITS MAY VARY FROM TIME TO TIME. WORK PERMIT (EAD) RENEWALS SHOULD BE FILED AT LEAST 120 DAYS PRIOR TO EXPIRATION. H-1B RENEWALS MUST BE FILED PRIOR TO THE EXPIRATION OF H-1B STATUS.
** IT IS YOUR RESPONSIBILITY TO FOLLOW UP TO MAKE SURE YOUR STATUS IS IN GOOD ORDER.
- Alien of Extraordinary Ability (EB1)
- Outstanding Professor or Researcher (EB1)
- Multinational Executive or Manager (EB1)
- National Interest Waiver (EB2)
- Schedule A Occupations: Professional Nurses, Physical Therapists, etc.
- Immigrant Investor (EB5)
