Employment-Based Adjustment of Status (Form I-485)
For professionals, researchers, executives, and other highly skilled individuals, the employment-based green card represents a critical step toward building a long-term future in the United States. The final stage of this process is the Form I-485, Application to Register Permanent Residence or Adjust Status, which allows eligible applicants already in the U.S. to transition from a temporary visa to lawful permanent residence (a green card) without leaving the country.
Who Can File an Employment-Based I-485?
You may be eligible to file Form I-485 if:
• You have an approved employment-based immigrant petition (such as EB-1A, EB-1B, EB-1C, EB-2, NIW, or EB-3).
• Your priority date is current according to the U.S. Department of State’s Visa Bulletin.
• You are maintaining lawful status in the U.S. (with some exceptions, such as for certain adjustment portability provisions).
Benefits of Filing an Employment-Based I-485
Filing Form I-485 provides important benefits while your green card case is pending:
• Eligibility to apply for work authorization (EAD), allowing you to work for any U.S. employer.
• Ability to apply for advance parole, permitting international travel without abandoning your application.
• Protection under “adjustment portability” (AC21), allowing certain applicants to change employers or positions if their I-485 has been pending more than 180 days.
• Direct pathway to a U.S. green card and, ultimately, U.S. citizenship.
Required Documentation and Forms
Along with Form I-485, employment-based applicants typically submit:
• Form I-765 (EAD): Optional, for work authorization.
• Form I-131 (Advance Parole): Optional, for travel abroad.
• Form I-693 (Medical Exam): Required before USCIS can approve your case.
• Supporting documentation such as proof of lawful entry, approval notice of the immigrant petition, and evidence of continued employment or job offer (if required).
Filing Fee: As of 2025, the USCIS filing fee for most adult applicants is $1,440 (includes biometrics).
How Whitaker & Warburton Can Help
Even in employment-based cases, the I-485 process can present challenges — from priority date retrogression to requests for evidence, complex job portability issues, or questions about maintenance of status. At Whitaker & Warburton, we provide:
• Careful review of your eligibility and visa availability under the Visa Bulletin.
• Comprehensive preparation of your I-485 and related applications.
• Guidance on work and travel authorization during the pendency of your case.
• Strategic advice on job changes and portability under AC21.
• Representation before USCIS and, if necessary, in federal court.