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Employment-Based Adjustment of Status (AOS)

Am I eligible for employment-based Adjustment of Status (AOS)?

Eligibility for employment-based adjustment of status (AOS) in the US depends on various factors. If you are in the U.S. and have an approved employment-based immigrant petition (such as an I-140 petition) filed on your behalf, you may be eligible to apply for adjustment of status if:

    • An immigrant visa number is available in your category or priority date is current or . Visa Bulletin Adjustment of Status Filing date is current.
    • You are physically present in the U.S. and eligible for adjustment of status.
    • You are in lawful immigration status or eligible for adjustment under Section 245(k) of the Immigration and Nationality Act.

What documents are required for employment-based Adjustment of status?

The specific documents required for employment-based Adjustment of Status (AOS) can vary based on the individual’s circumstances, the employment-based immigrant category, and any additional factors. However, here is a general list of documents commonly required for employment-based AOS:

  1. Form I-485, Application to Register Permanent Residence or Adjust Status:
    • The primary form for applying for adjustment of status.
  2. Form I-797, Notice of Action:
    • Approval notice for the underlying employment-based immigrant petition (I-140).
  3. Passport-style Photos:
    • Recent passport-sized color photos.
  4. Copy of Passport:
    • Copy of your passport biographic page and any pages containing U.S. visa stamps or markings.
  5. Copy of Birth Certificate:
    • A copy of your birth certificate with a certified translation if not in English.
  6. Form I-693, Report of Medical Examination and Vaccination Record:
    • A completed medical examination by a USCIS-approved civil surgeon. This form must be in a sealed envelope and is typically submitted with the application.
  7. Employment Authorization Document (EAD) and Advance Parole (AP):
    • If applicable, copies of your EAD and AP cards (if already obtained).
  8. Form I-765, Application for Employment Authorization:
    • If you are applying for employment authorization concurrently, include Form I-765 and supporting documents.
  9. Education and Work Experience Documents:
    • Copies of educational degrees, transcripts, and any relevant work experience documentation.
  10. I-94 Arrival/Departure Record:
    • Copy of your I-94 record (if applicable).
  11. Marriage Certificate or Divorce Decree (if applicable):
    • If you are adjusting status through a family-sponsored category, provide marriage certificates or divorce decrees, if applicable.
  12. Police Certificates (if applicable):
    • Police certificates from your home country or countries where you lived for a significant period if required.

It’s important to note that this list is not exhaustive, and the specific requirements may vary based on the circumstances of the individual case. Additionally, USCIS may update its requirements, so it’s advisable to check the USCIS website or consult with an immigration attorney for the most up-to-date information tailored to your situation.

Important Links for Related Visas

To learn more details about different work visas, refer to the following links.

Immigrant Visas:

    1. EB-1 Visas
    2. EB-2 Visas 
    3. NIW ( National Interest Waiver) (EB2 NIW)
    4.  EB-3 Visas 
    5.  EB-4 Visas 

Please click the link below to find out more about each type of temporary work visa.

Our Expertise and Services

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance:

After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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