Getting around the U.S. immigration system can be a complicated trip, especially for work visa holders that want to set down permanent roots within the U. S. Employment-based immigration offers a way to the Green Card, stability, career improvement and living in the U.S. for as long as we want. Switching from a work visa to a Green Card by making use of AOS is a landmark move for many working individuals. At Global Allianz Law Firm, our dedicated Employment Immigration Attorneys in Stockton, CA, specialize in guiding clients through this intricate process with expertise and personalized care.
What is Adjustment of Status?
Adjustment of Status (AOS) is the mechanism, by which eligible persons may apply for the lawful permanent residence (Green Card) from within the United States. differential from Consular Processing where an immigrant visa is obtained at a U.S embassy or a consulate overseas, AOS is domestic and in the hands of the U.S Citizenship and Immigration Services (USCIS).
- Applicants must meet the following requirements if they are to be considered for employment-based AOS:
- Have a valid nonimmigrant work visa (example: H-1B, L-1, O-1). Have a certified immigrant petition (Form I-140).
- Maintain lawful immigration status.
- Confirm availability of a visa according to the priority dates given by the Visa Bulletin.
Whereas, the AOS process is well suited for individuals in the U.S. since it obviates travelling outside the country for visa processing. Varieties of Work Visas adjustable.
Types of Work Visas Eligible for Adjustment
Various nonimmigrant work visas are eligible for AOS, each with own important considerations – H visa, L visa, O-1 visa, O-2 visa, TN visa, EB 4 visa.
- H-1B: For Specialty occupation workers usually, a PERM Labor Certification is needed. The AOS filing must be timely, in view of the six-year H-1B limit.
- L-1: For intra-company transferees appropriate for multinational executives (L-1A) or for specialized knowledge workers (L-1B).
- O-1: For those of amazing talent, usually corresponds with EB-1 Green Card qualification.
The period over which applying for AOS is subject to visa type differences. And for instance, H-1B holders will need to start before their visa ends, whereas O-1 holders may have relaxed possibility because there is no specific duration limit. USCIS states that during fiscal year of 2023 there were approximately 263,000 processed employment-based AOS application which is an indicative of high demand to these pathways (Source: USCIS Annual Report).
Employment-Based Green Card Categories
Green Cards based on employment are described in categories of preference level with distinct eligibility criteria.
- EB-1: For the priority workers such as the persons who have extraordinary ability or outstanding professors/ researchers and the multinational executives. No labor certification is required.
- EB-2: professionally advanced degree or outstanding ability usually PERM certification.
- EB-3: For skilled workers, professions, or other workers both would require PERM certification.
Majority of the categories require employer sponsorship and approved Form I-140 Immigrant Petition. Visa availability is based on the priority dates: published in the Monthly Visa Bulletin by the U. S. Department of State. As at 2024 USCIS was showing a backlog of over 1.2 million employment-based Green Card Applications thus highlighting the need for strategic timing (Source: USCIS Backlog Data).
Step-by-Step Process to Adjust Status
The AOS process has several important steps:
- Labor Certification (PERM): The employer must get a PERM Labor Certification from the department of labor in order to prove that the position is not filled by qualified U.S citizens for the EB 2 and EB 3′s.
- I-140 Immigrant Petition: The employer uses form I-140 so that they can put the worker in EB category.
- Form I-485 (Adjustment of Status): The applicant has to submit Form I-485 to USCIS accompanied by documents that include medical exams and proof of lawful status of the individual.
- Biometrics and USCIS Interview: Applicants have fingerprints taken and can attend the interview to confirm eligibility. 5. Final Decision: USCIS determines the application which is allowed or declined and this is done within 12-24 months, in cases where visa is available and case complex.
Common Challenges and How to Overcome Them
The AOS process can mean a lot of challenges including,
- Delays and Backlogs: Visa backlogs in particular have the effect of lengthening processing times for EB-2 and EB-3. Checking the Visa Bulletin and applying early will help to reduce delays.
- Maintaining Status: Applicants must be in lawful status while AOS. Extensions or interim work authorization are optional.
- Denials, Requests for Evidence (RFEs) RFEs or denials may be as a result of incomplete applications or inadequate evidence. Thorough preparation is key. By having correct paperwork, filed in a timely manner, an experienced Work Visa Attorney can guide his client through these obstacles.
By having correct paperwork, filed in a timely manner, an experienced Work Visa Attorney can guide his client through these obstacles.
Why You Need an Employment Immigration Attorney
The AOS process is legally complicated, and has stiff requirements and possible traps. It is something that a talented Employment Immigration Attorney could:
- Help navigate you eligibility requirements and documentation.
- Avoid errors that may cause delays or denials.
- Give strategic counsel on the timing and religion of visa category.
At our office, Global Allianz Law Firm we have work visa immigration attorneys in Stockton, CA, who provide customized assistance that fits your individual situation, which will assure you of compliance with USCIS rules.
Why Choose Global Allianz Law Firm
With experience of years in immigration based on employment, Global Allianz Law Firm is a reliable partner for work visa holders who wants Green Cards. Our client centered approach will see to it that your goals take priority no matter where you are in the U.S. (inclusive of Stockton, Ca). Leading Work Visa Attorney in the region, we unite local experience with a national footprint, we deliver results to clients in complex immigration cases.
Call to Action
Thinking about switching from a work visa to a Green Card? At Global Allianz Law Firm in Stockton, CA, our experienced employment immigration attorneys are here to guide you through every step of the Adjustment of Status process. We’ll help turn your temporary visa into a permanent opportunity. Call us at (209) 952-5578 to schedule your free consultation today.
