Navigating the path to a U.S. green card from inside the U.S. through employment-based immigration can seem daunting. However, by breaking it down into two main checkpoints - I-140 and AOS - we can make this complex process more manageable. Let's explore each stage of this journey in detail.
Checkpoint 1: I-140 (Your Ticket to the Green Card Line)
The I-140, or "Immigrant Petition for Alien Worker," is essentially your ticket to get in line for a green card. Here's what you need to know:
What is the I-140?
- It's a petition filed by your employer (or in certain cases self petitioned) on your behalf.
- This form requests that U.S. Citizenship and Immigration Services (USCIS) classify you as eligible for an employment-based immigrant visa.
Why is it important?
- It proves you're qualified for a specific job (or that you are so important/extraordinary there’s no need for a permanent job offer) in the U.S.
- It establishes that there's a valid permanent job offer for you (or in the case of a National Interest Waiver or Extraordinary Ability, that you do not need one).
- It demonstrates that your employer can pay the offered wage (in the case of a permanent job offer).
- Once approved, you have a spot in line (your "priority date").
What can you do after I-140 is filed/approved?
- Continue working your current job.
- If you're in H-1B status, you may be eligible for extensions beyond the 6-year limit pursuant to the American Competitiveness in the Twenty-First Century Act (AC-21)
- Start planning for the next step (AOS).
- If your priority date is current, you can file for AOS (Form I-485). To figure out if your priority date is current, read more about how to read the visa bulletin.
What can't you do?
- You can't use this alone to live in the U.S. permanently.
- You can't change jobs easily without additional steps or qualifications.
- You can't assume you have permanent resident status just because your I-140 is approved.
Checkpoint 2: AOS (Actually Getting Your Green Card)
AOS stands for Adjustment of Status. This is where you actually apply for your green card. Here's what you need to know:
What is AOS?
- It's the process of applying for lawful permanent resident status from within the U.S., as opposed to waiting for an immigrant visa at a consulate abroad.
- You file Form I-485 when your priority date becomes current.
- It's like saying, "I'm here and ready for my green card!"
Why is it important?
- It's the final step in obtaining a green card for those already in the U.S.
- It allows you to transition from a temporary status to permanent resident status.
What can you do after filing AOS?
- Concurrently apply for a work permit (Employment Authorization Document or EAD) and travel document (Advance Parole).
- Stay in the U.S. while waiting for a decision.
- Gain increased job portability if your I-485 has been pending for 180 days or more.
What can't you do?
- Work without authorization (unless you maintain valid independent status).
- Travel internationally without advance parole or a valid visa.
The Shortcut: Concurrent Filing
In some cases, you can go through both checkpoints simultaneously. This is called concurrent filing:
- You can file I-140 and AOS together if your priority date is current.
- This can save time and give you access to work and travel benefits sooner, but you should always consult with an immigration attorney, as concurrent filings pose their own risks
What If You Can't File AOS Yet?
If the line for green cards in your category is too long:
- Keep your current visa status valid.
- Wait until your priority date becomes current to file AOS.
- Consider consular processing (getting your green card at a U.S. embassy abroad) as an alternative.
Alternatives and Solutions
If you find yourself unable to do something due to I-140 or AOS restrictions, consider these alternatives:
- Maintain valid non-immigrant status: Keep your current work visa valid throughout the green card process.
- Use AC21 portability: If your I-485 has been pending for 180 days or more, you may be able to change jobs without affecting your green card application.
- Apply for EAD/AP: When filing for your Adjustment of Status, these documents provide work authorization and travel privileges independent of your current visa status.
- Explore other visa options: Depending on your situation, other visa categories like O-1 for individuals with extraordinary ability might be worth considering.
Remember, while this guide provides a comprehensive overview, the employment-based immigration process can be complex and subject to change. It's always advisable to consult with a qualified immigration attorney for advice tailored to your specific situation. By understanding these key checkpoints and your options at each stage, you'll be better equipped to navigate your journey to a U.S. green card successfully.
Let us be your trusted partner on this important journey to achieving permanent residency. Contact us today to learn more about how we can assist you in this transition.
