Embarking on the journey toward U.S. permanent residency can be a daunting experience, especially when navigating the employment-based Adjustment of Status (AOS) process. At the Law Office of Olena Manilich, we strive to help you understand this process, equipping you with essential knowledge for a smooth transition.

Introduction to Employment-Based Adjustment of Status

Employment-based AOS refers to the process where foreign nationals living and working in the U.S. can apply for permanent residency without returning to their home country. This is typically achieved through U.S. employer sponsorship. The employer initiates the process by filing an immigrant petition on behalf of the foreign employee.

Categories of Employment-Based Visas

The U.S. immigration law provides five categories for granting permanent residency to foreign nationals based on employment skills:

• First Preference (EB-1): This category is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics; outstanding professors or researchers; and multinational managers or executives.
• Second Preference (EB-2): Professionals with advanced degrees or exceptional ability fall into this category.
• Third Preference (EB-3): Skilled workers, professionals, and other workers for positions domestic workers cannot fill.
• Fourth Preference (EB-4): This category is for “special immigrants,” including religious workers, employees of U.S. foreign service posts, retired employees of international organizations, and other classes of immigrants.
• Fifth Preference (EB-5): Investor immigrants who invest substantial capital in a new commercial enterprise and create or preserve ten full-time jobs for qualifying U.S. workers.

Critical Steps in the Employment-Based AOS Process

Here’s a brief overview of the steps involved in the employment-based AOS process:

1. PERM Labor Certification: For most employment-based categories, the employer must obtain a certified Labor Condition Application (LCA) from the Department of Labor (DOL). This process, known as PERM (Program Electronic Review Management), demonstrates that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment.
2. Filing Immigrant Petition: Once the PERM Labor Certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
3. Filing Form I-485: When an immigrant visa number becomes available, the foreign employee can apply to adjust their status to a lawful permanent resident by filing Form I-485. The visa bulletin, updated monthly, informs applicants when a visa becomes available.
4. Biometrics and Interview: After USCIS receives the application, they schedule a biometrics appointment. Most applicants will also have to attend an interview at a USCIS office.
5. Decision: After completing all these steps, USCIS reviews the application and mails its decision. If approved, the applicant receives their green card.

The employment-based AOS process is complex, but understanding each step helps you to navigate it better.

At the Law Office of Olena Manilich, we have the experience and knowledge to guide you through the intricate maze of U.S. immigration law. Whether you’re an employer seeking to sponsor an employee or a foreign national pursuing the American Dream, we’re here to help you understand and maneuver the employment-based Adjustment of Status process.

Do not leave your immigration journey to chance. Reach out to us today, and together, let’s take confident strides toward your permanent residency in the United States.