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Traveling After PERM Approval: Timeline for Filing I-140 Petition

If the perm is approved before your travel, you must submit the i-140 petition as soon as possible. consider perm travel considerations and time frames for i-140 after perm approval..

Key Takeaways:

Understanding the PERM process for obtaining a green card and the importance of timing in filing subsequent immigration petitions.
The need to submit the I-140 petition within 180 days of PERM approval and how to handle travel during this period.
Tips for ensuring travel does not disrupt the immigration process, including notifying employers/attorneys, reviewing visa requirements, and maintaining immigration status.

Traveling Abroad While Your PERM is Under Process: What You Need to Know

Planning a trip abroad can be exciting, but it also requires thorough planning—especially when you’re in the midst of an important immigration process. If you’re an individual with a PERM (Program Electronic Review Management) labor certification application in progress, navigating the timing of your travels and subsequent steps in your immigration journey is critical.

Understanding PERM and Its Importance in the Immigration Pathway

Before we delve into the specifics of travel during the PERM process, let’s briefly understand what PERM is all about. PERM is a procedure for obtaining labor certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (also known as a green card). This procedure is crucial as it demonstrates that there are no suitable U.S. workers available for the position being offered to a foreign worker, and that hiring a foreign worker will not negatively affect the wages and working conditions of similarly employed U.S. workers.

What Happens After Your PERM Gets Approved?

When your PERM application is approved, it’s like clearing a major hurdle on the way to your green card. The next step in this journey is to submit the I-140 Immigrant Petition for Alien Worker. This is where timing becomes particularly important. Normally, once your PERM is approved, the I-140 petition should be filed with the U.S. Citizenship and Immigration Services (USCIS) within 180 days to avoid the expiration of the PERM certification.

PERM Travel Considerations: Navigating Your Travel Plans

If you are anticipating or planning to travel abroad while your PERM application is still pending, it’s essential to be well-informed about the implications and necessary actions to take if your PERM is approved during your trip. This knowledge is crucial because your ability to return to the United States and pursue your green card could be affected by your travel decisions.

Also of Interest:

Navigating the o-1 visa transition to another non-immigrant status, understanding the uk statelessness application process and rights for stateless individuals, when to submit the i-140 petition after perm approval.

An often-asked question among PERM applicants is: “If the PERM gets approved before my travel, how soon do I need to submit the I-140 petition?” As a rule of thumb, the I-140 petition should be filed as soon as possible, ideally immediately after the PERM approval. However, the mandatory time frame is that the I-140 needs to be submitted within 180 days of the PERM approval.

It’s important to note that during this period, if you are outside the country when the PERM is approved, your employer or attorney can still file the I-140 petition on your behalf. This process can continue without requiring your physical presence in the United States. Nevertheless, ensuring open communication with your employer and attorney is essential to ensure that this is done timely.

Ensuring Your Travel Does Not Interfere with the Immigration Process

While planning your travel, here are a few steps you should consider to make sure your trip does not interfere with the immigration process:

Notify Your Employer and Attorney: Keep your employer and attorney informed about your travel plans, so they can make necessary preparations and file any required documents in your absence.
Review Visa Requirements and Expiration: Ensure you have a valid visa for reentry to the U.S. Check the expiration date and the number of entries allowed; if you need to apply for a new visa, consider the time it will take to secure it.
Carry Essential Documents: Have copies of essential documents, such as your Employment Authorization Document (EAD), Advance Parole document if applicable, and any other documents that relate to your immigration status.
Maintain Your Status: It’s crucial to maintain your immigration status in the U.S. If you’re on a temporary work visa, like an H-1B visa , you should also ensure you follow all the regulations attached to your visa type.

Advice for Smooth Immigration Processing

“Maintaining accurate and up-to-date information with your immigration attorney is vital for seamless processing of your documents,” says one immigration expert. It’s a sentiment that rings true for every step of the immigration process, and especially when coordinating PERM and travel considerations.

Final Thoughts

Traveling outside the U.S. can be complex for immigrants awaiting their PERM approval. By understanding the timeline for submitting your I-140 petition after PERM approval and making preparations for a successful reentry into the U.S., you can ensure that your trip does not disrupt your long-term immigration plans. Remember the key 180-day deadline for the I-140 filing post-PERM approval, consult with your immigration attorney, and stay informed about the latest developments by visiting official immigration resources such as USCIS .

Safe travels and best of luck on your journey toward U.S. permanent residency.

Still Got Questions? Read Below to Know More

Can i start a new job in the u.s. immediately after returning from abroad if i just received my perm approval while i was away.

When you receive your PERM (Program Electronic Review Management) approval, it means that the U.S. Department of Labor has approved your employer’s application to hire you for a permanent position. However, PERM approval is just one of the steps in the process of acquiring a green card (lawful permanent residency) in the United States.

Before you can start your new job in the U.S., especially if you are transitioning from a different type of visa to an employment-based visa, your employer must complete the next steps, which include:

Filing of an immigrant petition (Form I-140) with the U.S. Citizenship and Immigration Services (USCIS).
After the I-140 is approved, you must apply to adjust your status to a permanent resident or go through consular processing if you’re outside the U.S. Only after you have adjusted status or received your immigrant visa through consular processing, can you start your new permanent job.

If you are already in the United States on a valid non-immigrant work visa (such as an H-1B) and your PERM application is for a future permanent job (not the one you currently hold), you may generally continue your current job, but you cannot start the new permanent job until the entire green card process is completed.

For the most authoritative and current information, always refer to the official USCIS website or consult with an immigration attorney. – USCIS official website for Green Card processes: USCIS Green Card – Department of Labor’s PERM process information can be found here: DOL PERM

Can I renew my work visa while my PERM application is being processed if I’m currently abroad?

Certainly, if you currently hold a U.S. work visa and are abroad while your PERM (Program Electronic Review Management) application is being processed, you can generally renew your work visa. However, the process for renewal depends on several factors, such as the type of work visa you have and the specific rules that apply to it. For example, if you have an H-1B visa, which is common for specialized workers, renewal while abroad typically involves the following steps:

File the Visa Renewal Application : You must file a renewal application with the U.S. consulate or embassy in your country. This involves submitting a Form DS-160, Online Nonimmigrant Visa Application.
Provide Supporting Documentation : Along with the application, provide the supporting documents required for your specific visa category. Typically, this may include evidence of your ongoing employment, such as a letter from your employer, and proof that your PERM application is in progress.
Attend a Visa Interview : Once your application and documents have been submitted, you’ll usually need to attend an interview at the embassy or consulate.

Keep in mind that the approval of your work visa renewal is independent of the PERM process. The Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) handle visa renewals, whereas the Department of Labor (DOL) manages PERM applications. Therefore, the processing of your PERM application does not directly affect your ability to renew your work visa.

To ensure accuracy, always check the latest guidelines and procedures on the official websites, such as: – U.S. Department of State – Bureau of Consular Affairs: Travel.State.Gov – U.S. Citizenship and Immigration Services: USCIS – U.S. Department of Labor – Office of Foreign Labor Certification: Foreign Labor Certification

Remember to also take note of any changes to immigration policies that may have occurred since the knowledge cutoff date for this response.

Is there a risk of my ongoing PERM process being canceled if I have to leave the U.S. for an emergency trip?

The PERM (Program Electronic Review Management) process is the first step for certain foreign nationals in obtaining an employment-based green card in the U.S. It involves your employer proving to the Department of Labor (DOL) that there are no willing or qualified U.S. workers for the job you are offered. If you’re currently in the U.S. and you have to leave for an emergency trip, it does not directly affect your ongoing PERM process since the PERM application is employer-driven and not dependent on your physical presence in the U.S. However, there are a few important points to consider:

Communication with Your Employer : Keep your employer informed about your trip and ensure there is a way for them to contact you if needed. During the PERM process, your employer might require additional information or documents from you.

Status Maintenance : Make sure that your travel does not affect your immigration status. For instance, if you are on a non-immigrant work visa (like H-1B), you need to maintain that status to protect your eligibility for eventual adjustment of status (green card application). Also, ensure you have the necessary documents and approvals (like a valid visa and, if necessary, advance parole) to re-enter the U.S.

Monitoring the Process : Stay updated on your PERM application status. If your PERM is approved while you are abroad, your employer can proceed to the next step, filing the I-140 (Immigrant Petition for Alien Worker). You’ll need to coordinate with them for any required signatures or documentation.

An emergency trip should not cancel your PERM application as long as your employer continues the process as required and your immigration status is properly maintained. For the most authoritative and up-to-date information, consult with your immigration attorney or refer to the official Department of Labor website: https://www.dol.gov/agencies/eta/foreign-labor.

Remember, the key to a smooth immigration process is maintaining open communication lines with your employer and staying compliant with all immigration regulations both inside and outside the U.S.

What should I do if my job situation changes while I’m traveling and I have a PERM application in progress?

If your job situation changes while you have a PERM (Program Electronic Review Management) application in progress, it’s important to understand the potential impacts on your application and take appropriate action. Here’s what you should consider doing:

Notify Your Employer : Your employer is the petitioner for your PERM application, so any changes in your job situation should be communicated to them immediately. They need to assess if the change affects the application.

Consult with Your Immigration Attorney : Changes in your job situation, such as a promotion, transfer, or termination, could have implications for your PERM application. An immigration attorney can help you understand these implications and guide you on the next steps.

Maintain Documentation : Keep a record of any employment-related documents or correspondence that pertains to the change in your job situation. These documents can be crucial for any required updates to your application or in answering queries from the Department of Labor.

If the changes in your job are substantial, such as a different employer or a role that differs significantly from the one described in the PERM application, it could necessitate starting the PERM process anew. However, if the changes are minor and do not affect the material terms and conditions of employment, it might not impact your application.

Remember, the PERM application is for a specific position with specific job duties and salary. Any significant change could potentially affect the outcome of your application. Always check with your immigration attorney and refer to the official U.S. Department of Labor’s Employment & Training Administration website for more guidance: Foreign Labor Certification .

Finally, if you’ve changed jobs and the new employer is willing to sponsor you, they will need to file a new PERM application on your behalf.

“For most employment-based green card categories, if your job situation changes, your new employer must file a new Form ETA-9089.” – This is a common protocol when job changes occur in the middle of a PERM application. Always seek personalized advice, as each situation can vary.

For detailed information and guidance on the PERM process, you can visit the U.S. Department of Labor’s page on the PERM labor certification process.

How can my family’s travel plans be affected if I’m waiting for my PERM approval and we’re all on dependent visas?

If you are awaiting PERM (Program Electronic Review Management) approval and your family members are on dependent visas, there are several things you need to consider regarding travel:

Your family’s ability to travel internationally may be restricted because the PERM process is part of the green card application, and you may need to maintain a valid immigration status.
If the principal visa holder (the person with the job) travels before the PERM is approved, it could delay the process or require starting over if they cannot return in time to maintain their status or attend necessary appointments.
Upon re-entry to the US, immigration officers at the port of entry will check the visa status of each family member. If the dependent visa status is tied to the employment situation of the principal applicant, the pending PERM may raise questions about intent to immigrate, and officers may scrutinize whether you intend to return to your home country or not.
If any family member’s visa has expired, or if there are any discrepancies in your immigration status, re-entry could be denied.
It’s crucial that all family members maintain valid visa status throughout the PERM process. Traveling abroad could complicate this if you are unable to return before your current visa expires.
If the PERM application is approved while you are outside the country, and your dependent visa does not allow for dual intent, you may face complications at the port of entry upon return. Dual intent refers to the concept that a nonimmigrant visa holder can intend to immigrate to the US in the future while maintaining a legal nonimmigrant status.

To avoid any issues, it’s advisable to consult with an immigration attorney before making any international travel plans while the PERM application is pending. Additionally, you should always check the latest information and travel advisories from the U.S. Citizenship and Immigration Services (USCIS) and the Department of State.

U.S. Citizenship and Immigration Services (USCIS) : USCIS Homepage
U.S. Department of State : Travel Advisories

Traveling during the PERM process is not prohibited, but you should proceed with caution to ensure that it does not negatively impact the status of your ongoing immigration applications or your ability to return to the United States.

Learn Today:

PERM (Program Electronic Review Management): A procedure for obtaining labor certification, which is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (green card). It demonstrates that there are no suitable U.S. workers available for the position being offered to a foreign worker and that hiring a foreign worker will not negatively affect the wages and working conditions of similarly employed U.S. workers.

Labor Certification: A process to determine if there are sufficient U.S. workers able, willing, qualified, and available to perform a job and if employment of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Green Card: An official document issued by the U.S. government to foreign nationals, granting them permanent residency status in the United States. It allows individuals to live and work permanently in the country.

I-140 Immigrant Petition for Alien Worker: A form filed with the U.S. Citizenship and Immigration Services (USCIS), which is the next step after the approval of a PERM application. It is used to petition for an employment-based immigrant visa.

USCIS (U.S. Citizenship and Immigration Services): The government agency responsible for processing immigration and naturalization applications and petitions in the United States.

I-140 Filing: The act of submitting the I-140 Immigrant Petition for Alien Worker to the USCIS within a specific timeframe after the approval of a PERM application.

Traveling Abroad: The act of going to a foreign country for a temporary period of time.

Reentry to the U.S.: Returning to the United States after traveling abroad.

Employment Authorization Document (EAD): A document issued by the USCIS that authorizes an individual to work in the United States for a specific period of time.

Advance Parole: A document issued by the USCIS that allows certain individuals, who are awaiting adjustment of status to permanent residence, to travel abroad and reenter the United States without abandoning their pending green card application.

Visa Expiration: The date on which a visa document, which allows entry or stay in a foreign country, expires.

Visa Requirement: The conditions and documents needed to apply for and obtain a visa.

H-1B visa: A temporary work visa that allows U.S. employers to hire foreign workers in specialty occupations.

Immigration Status: The legal category or classification that determines an individual’s rights, privileges, and restrictions in a country.

Immigration Attorney: A lawyer specializing in immigration law who provides legal advice and representation to individuals navigating the immigration process.

So there you have it! Traveling abroad while your PERM is under process can be complicated, but with careful planning and timely actions, you can navigate through it smoothly. Remember to communicate with your employer and attorney, review visa requirements, carry essential documents, and maintain your immigration status. And for more expert advice and information, be sure to explore visaverge.com. Safe travels and best of luck on your immigration journey!

This Article in a Nutshell:

“Traveling abroad while your PERM is under process? Here’s what you need to know. Submit your I-140 petition within 180 days of PERM approval. Keep your employer and attorney informed about your travel plans. Maintain your immigration status. Visit USCIS for more info. Safe travels on your immigration journey!”

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Can You Stay in the United States While Your Labor PERM Is Pending?

Northern Virginia immigrant with passport and ticket in the airport

August 21, 2023 by Beeraj Patel, Esq.

The labor certification process, also known as Program Electronic Review Management (PERM) , is an important step for many foreign nationals seeking an employment-based green card. PERM requires U.S. employers to test the local job market and demonstrate that no qualified American workers are available for the position before sponsoring a foreign national.

You may wonder if you can stay in the U.S. while your PERM application is still pending. Luckily, in most cases, it is possible. As long as you maintain valid nonimmigrant status , you can stay in the United States throughout the Department of Labor’s PERM status check process.

Maintaining Status While PERM is Pending

Provided you have a valid nonimmigrant status, you are generally permitted to remain in the U.S. while your PERM application is pending review. Some of the nonimmigrant visas that allow this include:

L-1 intracompany transfer visa – The L-1 lets specialized knowledge workers and managers work for a U.S. office of their foreign employer. No minimum education is required.
F-1 student visa – F-1 students can participate in practical training related to their field before and after finishing their degree.
J-1 exchange visitor visa – Research scholars, professors, and other J-1 visitors may qualify for PERM sponsorship.
O-1 extraordinary ability visa – The O-1 suits individuals with extraordinary talents in sciences, arts, education, business, or athletics.
TN professional visa – Citizens of Canada and Mexico in many professions can easily obtain TN status.

If you maintain your underlying status and meet all requirements, you can stay in the U.S. while the Department of Labor reviews your PERM application. Be sure to keep close track of status expiration dates and plan any extensions or changes well in advance.

PERM Status Check Options if Current Status Is Expiring

Some foreign nationals encounter an issue because their present nonimmigrant status will expire before PERM approval. For instance, your H-1B maximum of 6 years may end while awaiting PERM labor certification . In such cases, you have a few options:

Switch to Another Nonimmigrant Status

One choice is to change to another nonimmigrant status that permits you to remain in the U.S. longer. For example, you could switch from H-1B to O-1 if you possess extraordinary abilities. Or you could change from F-1 to H-1B after completing your studies. Consult your immigration attorney about viable options.

Extend Your Current Status

If applicable, you may be able to file for an extension to your current nonimmigrant status. Certain statuses, such as H-1B, do allow extensions past the initial maximum period if PERM or I-140 remains pending.

Depart the U.S. and Consular Process Immigrant Visa

If you cannot extend your status and no other viable option exists, you may be required to leave. Instead of trying to adjust your status from within the U.S., you can then complete consular processing for your employment-based green card at a U.S. consulate within your home country.

Travel Considerations While PERM Is Pending

Generally, you can travel internationally while your PERM application is pending if you have a valid visa stamp and can maintain your status upon re-entry. However, some precautions are recommended:

Carry PERM paperwork when traveling – Having PERM documents when re-entering the U.S. can explain international travel amid the green card process .
Get H-1B travel endorsement – For added security when traveling on H-1B status, obtain a travel endorsement on your H-1B visa at a U.S. consulate abroad.
Understand status violations – Spending prolonged time outside the U.S. can jeopardize your underlying status and disrupt PERM. Discuss travel plans with your attorney.
Check visa expiration – To re-enter the U.S., your visa stamp must be valid. Verify the expiration date before traveling.

With proper documentation and careful planning, international travel while PERM is pending can be accomplished smoothly.

Maintaining Lawful Status

You must maintain lawful immigration status while your PERM application is pending. Violations can trigger 3/10-year “ unlawful presence ” bars and prevent U.S. re-entry if you depart. What to avoid:

Letting status expire – Always file extensions well before expiration. Overstays accrue unlawful presence.
Working without authorization – Only work within your status scope. Unauthorized work is a violation.
Remaining in the U.S. after the program ends – For instance, F-1 students must depart within 60 days after graduation.

Not following your specific nonimmigrant status terms can quickly lead to violations. Stay in close contact with your immigration attorney to ensure you maintain lawful status.

Next Steps After PERM Approval

Once the Department of Labor approves your PERM labor certification application, your employer can proceed to filing Form I-140 (immigrant petition) with U.S. Citizenship and Immigration Services (USCIS).

us department of labor website under magnifying glass

Consult Pride Immigration for Guidance on Your PERM Case

Navigating the PERM labor certification process can be complex, but understanding whether you can stay in the United States while your application is still being processed is a priority. With careful planning and compliance, most foreign nationals can maintain their underlying nonimmigrant status throughout the Department of Labor’s PERM status check process.

If you are an employment-based green card applicant whose PERM is pending, the experienced legal professionals at Pride Immigration are here to help.

We have guided thousands of clients through successful labor certifications over our years of practice. Contact us today at (703) 594-4040 or online to schedule your initial consultation and ensure your PERM case is handled efficiently and effectively.

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Home / News / Traveling While Permanent Residence is Pending

Traveling While Permanent Residence is Pending

Introduction, understanding the implications of traveling while the permanent residence is pending, factors to consider before making travel plans during the permanent residence process, potential risks and challenges of traveling during the pending permanent residence status, how to mitigate potential travel complications while awaiting permanent residence approval, alternatives to international travel during the permanent residence application process, important documents and paperwork to carry while traveling with a pending permanent residence application, tips for communicating with immigration authorities during travel with a pending permanent residence application, importance of professional guidance during the travel planning process, summary – traveling while permanent residence is pending, do you need to talk to an immigration attorney about traveling while your permanent residence application is pending .

Traveling can be an exciting and enriching experience. However, when you have a pending permanent residence application, it’s important to understand the implications and potential risks involved. The decision to travel while your permanent residence is pending requires careful consideration of various factors. These include the potential impact on your application and the challenges you may face.

In this article, we will explore the key aspects of traveling while your permanent residence is pending. We’ll provide insights, strategies, and precautions to help you navigate this complex process.

Understanding the rules, assessing the risks, and seeking appropriate guidance can help you make informed decisions. You’ll also be able to take the necessary steps to ensure a smooth travel experience while awaiting your permanent residence approval.

When your permanent residence application is still pending, it’s necessary to understand the implications of traveling. Immigration rules and regulations can be complicated, so you must familiarize yourself with them to avoid surprises or setbacks.

Traveling while your permanent residence application is pending can potentially affect the outcome. Depending on the circumstances, it could lead to delays, complications, or even denial of your application. Therefore, you should consider the potential consequences before making any travel plans.

Below is a list of important factors to consider when making travel plans during the permanent residence application process in the United States:

Travel Urgency : Before you start packing your bags, evaluate the urgency of your travel plans. Is it a necessity or more of a desire? Understanding the importance of your trip will help you make an informed decision and weigh the risks against the benefits.
Application Stage : Consider where you are in the application process. If you’re waiting for a decision, traveling might affect it.
Travel Restrictions : Check if there are any rules about traveling while your application is being processed.
Documentation : Ensure you have all necessary documents for both travel and your application.
Residency Requirements : Some processes require you to be present in the country. Check if your travel might affect your eligibility.
Interviews/Appointments : If there are upcoming interviews or appointments, plan your travel around them.
Address Updates : If you move, update your address promptly to receive important notifications.
Processing Times : Understand how long your travel might delay the processing of your application.
Risks : Consider travel risks, like delays, missing important updates, or potential regulation changes.

The potential challenges individuals might experience when traveling during the pending permanent residence status are:

Possible Delays and Complications in the Application Process

Traveling during the pending permanent residence status can lead to delays and complications in the application process. Missing important correspondence or interviews while abroad can hinder the progress of your application, causing unnecessary delays.

Risk of Being Denied Entry or Facing Immigration Issues

There’s a risk of being denied entry or facing immigration issues upon your return if you travel while your permanent residence application is pending. Immigration officers might question your travel intent and need further clarification before allowing you to enter the country again.

To navigate the complexities of traveling while your permanent residence application is pending, it’s advisable to seek guidance from an immigration lawyer. They can provide personalized advice based on your specific circumstances and help you understand the potential risks involved.

If your desire to travel is strong but not urgent, consider exploring options for travel within the country. This way, you can satisfy your wanderlust without jeopardizing your permanent residence application. Remember, while it’s tempting to jet off to faraway lands, consider the potential implications of your pending permanent residence application.

Related: Abandonment of Green Card (Permanent Residence)

Domestic Tourism

While waiting for your permanent residence application to be processed, it’s the perfect time to discover the hidden gems in your backyard. Domestic tourism offers a chance to explore the sights and cultures of your own country. From national parks to vibrant cities, plenty of adventures are waiting to be had. Plus, you won’t have to worry about immigration issues or travel restrictions.

Virtual Travel

If you’re craving the thrill of international travel but can’t physically be there, don’t fret! Virtual travel has become increasingly popular, allowing you to take virtual tours, watch travel documentaries, and participate in virtual cooking classes worldwide. While it may not fully satisfy your wanderlust, it’s a fun and informative way to explore the world. You can do this while waiting for your permanent residence.

Enjoy a relaxing stay at home or within your local area. Treat yourself to activities you might not have done otherwise.

Visit Friends and Family

If possible, visit friends or family who are nearby. This way, you can spend time with loved ones without leaving your country.

Here are the important documents and paperwork you should carry while traveling with a pending permanent residence application in the United States:

Passport and Visa : These are essential for international travel. Make sure your passport is valid for the duration of your trip. Carry any relevant visas, such as your U.S. visa.
Form I-797, Notice of Action : This document shows that the U.S. Citizenship and Immigration Services (USCIS) has received your application. It contains your case number and other details.
Travel Authorization (Advance Parole) : If you’ve applied for an Adjustment of Status ( Form I-485 ), you might need an approved Advance Parole document to re-enter the U.S. while your application is pending. It’s advisable to have this even if you have a valid visa.
Copy of Application Forms : Carry photocopies of all the forms you submitted, including Form I-485 and any related forms. These can serve as a reference in case of inquiries.
Receipts and Payment Proof : Have copies of payment receipts as evidence of fee payment for your application. This helps confirm your application is in process.
Passport Photos : Some situations might require you to provide recent passport-sized photos. Having extras on hand can be helpful.
Proof of Address and Contact Information : Carry documents that show your current U.S. address, such as utility bills or rental agreements. This helps in maintaining communication with USCIS.
Employment Authorization Document (EAD) : If you’ve applied for work authorization, carry your EAD card. This shows that you’re allowed to work in the U.S.
Valid Driver’s License or State ID : These are important forms of identification, especially if you’re driving within the U.S.
Health Insurance : Having health insurance coverage can be important in case of medical emergencies during your travel.
Proof of Travel Plans : Provide a clear itinerary that shows your travel dates and destination. This can help clarify your intentions if questioned by authorities.
Legal Counsel Contact Informa tion : Have the contact details of your immigration attorney in case any urgent issues arise.

The following are tips for communicating with immigration authorities during travel with a pending permanent residence application:

Being Prepared to Answer Questions About the Pending Application

During your travels, you may encounter immigration authorities with questions about your pending permanent residence application. It’s important to be prepared to answer their inquiries confidently and honestly. Familiarize yourself with the details of your application, such as the purpose of your travel and your expected return date. This will help ease any concerns and ensure a smoother interaction.

Maintaining Open and Honest Communication

When dealing with immigration authorities, honesty is always the best policy. If asked about your permanent residence application status, providing accurate information and transparency about any changes or updates will help establish trust. It’s better to communicate openly and address any concerns they may have rather than trying to conceal or misrepresent the details.

Traveling during the pending permanent residence application process can be complex, with potential legal implications. Seeking professional advice from an immigration lawyer or consultant can provide valuable insights and guidance specific to your case. They can assist you in understanding any travel restrictions, potential risks, and necessary precautions, ensuring you confidently navigate the process.

While it’s exciting to venture out and explore new destinations, it’s important to understand the legal implications and risks associated with traveling while your permanent residence application is pending. Consulting with legal professionals will help you make informed decisions and minimize potential complications arising from your travel plans.

Traveling while your permanent residence is pending requires thorough understanding, careful planning, and potential adjustments to your travel plans. Evaluating the risks, seeking legal advice, and staying informed about the rules and regulations help you navigate the travel process more confidently. Prioritize the progress of your permanent residence application and make informed decisions to avoid unnecessary complications that may arise during your travels.

Remember to carry essential documents, communicate openly with immigration authorities, and explore alternative travel options. These precautions can help you make the most of your travel experiences while ensuring the smooth progress of your permanent residence application.

To get the right guidance and representation, you can reach our experienced attorney by dialing 914-481-8822. An attorney will provide you with information, representation, and legal travel guidance while your permanent residence application is pending.

@immigrationlawyer_usa Travelling while permanent residence is pending #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #inmigracion #abogadodeinmigracion #residencia #asilo #residencia #greencard #permanentresidency #usagreencard #usaimmigration ♬ original sound – Gergana Genova

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Will I be able to continue traveling outside of the U.S. during the PERM process?

The PERM process does not impact your ability to travel outside the United States. However, you must establish a separate means for obtaining a visa for reentry and should notify your immigration counsel as soon as possible when you know you will travel.

As always, please do not hesitate to contact Garfinkel Immigration Law Firm by phone at 704-442-8000 or via email with any additional questions and to receive more information.

Can I Travel While My Green Card is Processing?

When applying for a Green card, an applicant also has the opportunity to apply for Travel Authorization by filing Form I-131, Application for Travel Document . When filed along with the green card, this travel authorization–commonly also called “Advance Parole”–may take between 9-12 months, on average, to be adjudicated by USCIS. Due to this processing time, you may wonder what limitations there are on traveling while your green card application is pending. This article will explore some of those limitations. The purpose of this article is NOT to provide legal advice but rather to provide legal information regarding the Travel Authorization/Advance Parole document. Anyone seeking legal advice on whether or not they should travel while their green card is pending is encouraged to discuss it with a licensed immigration attorney.

Before Travel Authorization is Granted

Traveling inside the US Before Travel Authorization is Granted Before USCIS grants the Travel Authorization/Advance Parole document, an immigrant can typically travel within the continental US while their green card application is still pending.

However, something to keep in mind is that until an applicant has received their receipt notices from USCIS confirming that USCIS has started processing their application, an applicant will not have proof of their pending green card application. This means that if they are traveling inside the US without a valid visa or status, they may not have proof of having legal status in the United States. Because of this, any interactions with US immigration while traveling presents the potential for issues.

Additionally, an applicant will want to be very cautious if traveling outside of the United States to non-continental US territories or states (such as Hawaii or Puerto Rico). In the case of an emergency landing or layover in a non-US territory or country, USCIS would consider that applicant as having left the United States, and the green card application would be considered abandoned.

Traveling outside the US Before Travel Authorization is Granted

After submitting a green card application, an applicant may only be authorized to leave the country and reenter the US once they have received the Travel Authorization/Advance Parole document. While this does not apply to certain dual-intent visas (such as the H1B or L1 visas)*, this does not apply to green card applicants whose non-immigrant visas previously allowed for travel. Non-immigrant visas (such as F1, TN, or B1/B2) are not authorized to travel outside the United States until their Form I-131, Application to Travel, has been approved. Doing so would result in the green card application being denied and could lead to misrepresentation investigations.

*NOTE: While some dual-intent visas allow for continued travel while a green card application is pending, traveling on a dual-intent visa before the Advance Parole/Travel Authorization is approved likely means that USCIS will deny Form I-131 and will not grant Advance Parole.

Overall, it can be beneficial for an applicant wishing to travel internationally to wait until USCIS has granted them Travel Authorization before they travel outside the United States. If this travel authorization is pending, an applicant would need to consider whether they have a valid document that will allow for their re-entry into the US and whether they accept the potential repercussions of abandoning their pending application and subsequent denial of the Green Card.

Navigating Travel after Travel Authorization/Advance Parole is Granted–But While the Green Card application is Still Pending

Currently, the average wait time for the Travel Authorization/Advance Parole document adjudication is around 9-12 months, while the Green Card application itself may take anywhere from 12-24 months to be approved. Due to these timelines, USCIS will likely grant an applicant’s travel authorization while the Green Card application is still pending approval.

When USCIS issues the Travel Authorization/Advance Parole document, an applicant is essentially authorized to travel in and out of the US while their green card is still being processed. However, after this travel authorization has been approved, there is still some risk that an applicant could experience difficulties re-entering the US or miss important USCIS notices while they are out of the country. This article will discuss these potential risks in greater detail below.

Risks of traveling While a Green Card application is pending

Risks during re-entry.

After international travel, re-entry into the United States is ultimately at the discretion of the US Customs and Border Protection agent, who inspects upon arrival. This means that even if someone has been granted Advanced Parole and has a valid travel authorization document, US Customs and Border Protection can still technically deny their re-entry. Thus, travel authorization does not guarantee entry into the United States. While generally, there are no issues re-entering, there is always a risk. These cases are not typical, and you can diminish risk by following laws and regulations and not committing crimes that could jeopardize your ability to reenter the United States.

Risks of missing time-sensitive USCIS notices while traveling

The Biometrics Appointment In the weeks after someone submits a green card application, USCIS will mail them a notice with a scheduled biometrics appointment at a local Application Support Center (ASC). The appointment notice ( Form I-797C, Notice of Action ) will include the date, time, and location for the ASC appointment. It is recommended that this appointment is attended whenever possible, as it can be challenging to reschedule.

If you are traveling abroad on a dual-intent visa when you get the notice for the biometrics appointment, it could be challenging to return to the United States in time to make the appointment. Notices for Requests for Evidence When USCIS needs more information for a case, they issue a “ Request for Evidence ” (commonly called an RFE). The RFE letter comes in the mail, and USCIS typically outlines what documentation must be submitted and issues a deadline by which they must receive that information. They specify that the applicant must submit the requested documents to them before that deadline. Cases that do not respond to the RFE by that deadline will have their green card application denied.

Applicants wishing to travel abroad while the green card application is pending will want to be aware that if they receive an RFE while they are away, they will need to respond to the RFE before the deadline or risk having their application denied. The Green Card Interview with USCIS In the months after completing your biometrics, USCIS will schedule an interview with a USCIS officer. This interview is conducted in person and is arguably the most important moment in the process of getting a green card. USCIS will mail you an appointment notice ( Form I-797C, Notice of Action ) which will include the date, time, and location for your interview. It is critical that applicants don’t miss this appointment. Be aware that, in some cases, USCIS can schedule the appointment within weeks of issuing the notice. If you are traveling abroad when you get the notice for the interview appointment, it could be challenging to return to the US in time to make the appointment.

Partner Immigration Attorneys Can Help You Plan

Navigating Travel while a Green Card application is pending presents many nuanced situations. If you have any questions about this topic or how this applies to your specific situation/visa, consider signing up for SimpleCitizen’s Professional Package–which allows you to discuss your questions and concerns with one of our independent partner Immigration Attornies. Learn more about what this package includes here: https://www.simplecitizen.com/pricing/

Can I use my dual intent visa (H1B or L1) to travel while my green card is pending?

If someone has proof of a valid dual-intent visa, they can travel while the green card is pending without the risk of USCIS deeming their case as abandoned. However, this does not apply to the O visa. Please refer to this article for more information about travel with an H1B visa.

Can I travel using my K-1 visa?

The K visa serves as a single entry visa, meaning that once someone enters the US, they cannot use that visa again to leave and reenter the US. Instead, they would need to consider waiting for the travel authorization or the green card to be granted.

Since an O-1B visa is considered dual intent, can someone use it to travel while they wait on travel authorization through their adjustment of status application?

The O-1 visa is a dual-intent visa in the context of visa approval but not in the context of travel authorization. As such, USCIS will consider that someone traveling abroad on an O visa while the green card application is pending (and before the travel authorization has not been granted) has abandoned the green card application, and this application will be denied.

Was this article helpful?

Hi Roksana, you can travel between states in the U.S. with your state-issued ID or your passport. You do not need an advance parole document to travel between states. Keep in mind traveling to Hawaii and Alaska if also fine, however, if your plane has to land outside of the U.S. for any reason, your green card application could be considered abandoned. Once you have your EAD/AP combo card, you can travel outside the U.S. while waiting for your green card.

What about going to puerto rico when fingerprinting is not done yet? I am not in status now but have a valid Real ID Drivers license. can i go to puerto rico and come back to mainland without any issues?

Hi there, I received my IR5 visa (expiring soon) to then get my greencard. Due to travel restrictions because of COVID can I go to guam as my port of entry to activate the green card (giving my intended US address) and go to the US immediately/shortly after or could I go back home immediately and fly to the US later while I’m waiting for the greencard to arrive? Many thanks! Hope you’re all keeping safe!

I received my IR5 visa to activate a greencard. My visa will be expiring soon and because of travel restrictions due to COVID I can’t get to the US. Can my port of entry be Guam? And can I leave Guam once I activate the greencard on arrival? or do i have to wait in Guam until i receive the physical card? Or can I give my intended US address when i enter Guam and fly to that state to wait for my greencard? or alternatively give the my intended US address and leave Guam to go back home before flying back to the US later?

Many thanks, stay safe!

Due to the COVID-19 pandemic, my grandmother had to postpone her travel back into the US. Consequently, her green card expired while abroad. However, during this time, her new green card DID arrive to her US address. She just currently does not have it in her possession.

She has booked travel to come back into the US very soon (within 6 months of last leaving the US, of course), however, in her possession on her day of re-entry, she’ll have her expired* green card. Her family has her new* green card here. Will we be able to give it to her at a point of entry when she travels back to the US? Or should we find a way to get her new green card to her person by her re- entry date?

THANK YOU for your assistance.

Marianna, How did she applied for new card abroad? Online? If yes, what about bio metrics and intreview? how did she pass this steps? Thank you!

Hello, I am a Canadian citizen, I am Waiting for I-485 interview, it was postponed due to coronavirus. I do have my advance parole. Can I travel to Canada after my green card interview. Please help !!!

Married to USC. My I-485 Interview was completed on 8/21/2020 and the IO was just collecting info virtually and separated us right after an oath and took about an hour to complete, nothing complicated. After a couple hours I got this message that the Interview was completed and the Case must be reviewed. I-130 is same status under review.

As this might take weeks, months or more than a year to make a decision (whatever). I have my 1st EAD Combo Card with I-131 endorsement valid till June 2021. My question is, Can I got to Canada and come back after a couple weeks because I have to file taxes and some other important things. What if they deny or worst possible when I am in Canada? Can my wife (US Citizen Petitioner) take any legal steps/actions in case denied and I can take steps from Canada?

My husband is waiting for his renewal can we still travel? Or what does he need to travel, we’re just waiting for the card and it’s taking long,…help!

My company is currently in the process of applying for I-140 in premium processing. That said, I have plans to travel to my home country due to a family emergency. My question is: Can I travel outside the US before I-140 is applied? Secondly, once I-140 is approved, I understand there is a 6 month window where you can port your priority date to another company without having it revoked. Two follow-ups: 1. Do you have to be present in the US for the duration of 6 months? Does it include PTO? 2. Does the 6 month account for business days or calendar days? Thanks in advance for your help!

I applied for Green Card concurrently with I-485 (EB1C)and I-140 (husband’s). I-140 got approved in Sept 2018. Interview was completed in April 19. During Jan 2020, I had to travel abroad for 3 months. But due to Covid-19, I could return to the US only after 7 months. During this period my L-2 visa was valid but about to expire. I used my Advance Parole to enter USA. Question: Will a 7-month absence in the US will affect my prospects of Green Card Approval?

My son is 27 years old disabled. He left US June 24/2020 He is condition very difficult he need some treat other country but he is green card approved November 12/2020. He can comeback US?

I applied for AOS 8 months back. Simultaneously I applied for advance permit (I-131) . If I go abroad after I receive my advance permit (say for 4 months) Will my AOS application be moving in its normal Queue ? or Will it be taken out from the existing queue and reset in another one after I come back to USA, resulting in additional delay of 4 months.

Is it worth the risk of traveling without proof of legal status in the US while waiting for your green card application to be processed, considering the potential for issues with US immigration?”, “refusal

Traveling Out of the United States While Immigrant Application Pending

Can i travel outside of the united states while a petition for my immigrant classification is pending.

If you are the beneficiary of an immigrant classification petition (e.g., I-130, I-140, I-360), which is pending before the USCIS or if your prospective employer is pursuing a labor certification process to support such a petition for you, and your nonimmigrant stay here is otherwise authorized, you should not leave the country. If you leave, you may not be able to get back (see exceptions below).

Topic image for Traveling Out of the United States While Immigrant Application Pending

If you leave the country, you cannot get back on most nonimmigrant visas, because most of those visas (e.g., visitor or student visas, among others) require you to have a residence overseas which you have no intention of abandoning. That requirement conflicts with the fact that you are the beneficiary of an immigrant classification petition as a part of your efforts to immigrate to the United States. Therefore, if you leave, you may not be able to obtain a new nonimmigrant visa to come back and you may not be admitted into the country on an existing nonimmigrant visa.

If you already hold an L or H-1B nonimmigrant visa, you are allowed to have dual intent, which means that you can be on a nonimmigrant visa and at the same time intend to immigrate here. In that situation, the filing of an immigrant classification petition by your prospective employer would not prevent you from leaving the country and coming back on the same nonimmigrant visa (assuming it is still valid).

Can I travel outside of the United States while my Application for Adjustment of Status is pending?

Yes, if you request permission to travel, by applying for advance parole. Otherwise, if you leave the country while your application for adjustment of status is pending, you will be deemed to have abandoned the application.

You may file a request for advance parole (Form I-131) together with your Application for Adjustment of Status. There is no additional application fee for filing Form I-131 with your Application for Adjustment of Status or while your adjustment application is pending.

Under some circumstances, an individual returning from a trip to the United States territories or possessions (such as Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands) is considered to be making an entry into the United States. If you plan to travel to such destinations without an advance parole, please consult an attorney in advance. See USCIS and the U.S. Customs and Border Patrol 's statements regarding traveling outside of the 50 states of the United States.

If the USCIS denies your underlying application, such as the Application for Adjustment of Status, while you are travelling outside of the United States, there is no guarantee that you will be readmitted. You should limit such travels to urgent matters and consult an attorney before you leave the country while you have a pending application for immigration benefits.

What should I do if I leave the United States and go to my home country while I wait for the approval of my Application for Adjustment of Status?

If you wish to leave the United States and move to your home country while waiting for a decision on your adjustment of status application, you must notify the USCIS of your decision by filing Form I-824 with the USCIS office which approved the underlying classification petition, to send your file to the National Visa Center for consular processing .

Can I leave the United States after my Application for Adjustment of Status is approved but before I receive my green card?

Yes, but remember that the notice of approval you receive from the USCIS is not valid for reentry into the United States. If you plan to leave the United States before receiving your green card, make an appointment with your local immigration office to have your passport stamped with the notation that you have a green card. You can make an appointment with your local immigration office through the USCIS' Infopass Web Site .

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Perm, Russia

You are here.

At the junction of the Yegoshikha and Kama Rivers lays Perm, one of the most culturally diverse cities in Russia . Located upon a hilly terrain near the Ural Mountains, it is well-known for its ancient history, limestone caves, and wild rivers.

The picturesque route of the River Kama stretches along with the city for 43 miles and divides it into two parts: the central part and the right bank part. Moreover, Perm is an important railway junction on the Trans-Siberian Railway with two big railway stations, the historical Perm-I and modern Perm-II. Interestingly, the city used to also be a very important salt mining location, so do not be surprised if you hear something about the workers of mines and their salty ears.

Exploring Perm

Among the highlights of a Perm sightseeing tour, especially for admirers of contemporary art, is the Perm Museum a true cultural gem. If you're a fan of the classics, you can enjoy performances at the Perm Opera and Ballet Theatre, which could believably compete with the Bolshoi Theatre in Moscow. In case you are traveling with children or simply want to relax and have fun, visit the Perm Zoo or take a walk in Park Gorkogo.

Another place which should be on your Perm itinerary is Perm-36. This memorial center of the history of political repression is the only museum in Russia that includes preserved and reconstructed buildings of the camp for political prisoners during the Soviet era.

If you've managed to see everything you wanted in Perm and still have some free time, don't worry! A day trip is a great solution in this case and we would highly recommend taking one to see the Kungur Ice Caves. It features a plentiful display of stalagmites and ice formations and remains frozen even when it is 35˚C outside. This everlasting wonderland of caves filled with shimmering crystals is surely a mesmerizing place you won't forget.

There is no doubt, that a Perm tour will definitely leave a lasting impression, so, are you ready for some active exploring?

Best Things to Do in Perm

Explore the Perm-36 memorial center of the history of political repression
Immerse into local culture by visiting the Perm Opera and Ballet Theatre
Set off on a day trip to the Kungur Ice Caves

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Indulge in some high culture and watch an incredible ballet

Attend one of the local festivals.

Quite a few internationally renowned festivals take place in Perm every year. The most prominent ones include the International Documentary Film Festival Flahertiana . Every October, the festival, inspired by the art of Robert Flaherty, draws the brightest stars of both international and Russian documentary scenes. International Diaghilev Festival is another prominent event in Perm. It is entirely devoted to classical art and theatre and occurs every year in June.

Learn about some of the most difficult parts of Russian history right where it happened

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See what Russian contemporary art has to offer

Experience the incredible landscapes of the urals.

The Ural Mountains are incredibly scenic and largely undiscovered. Whether you’re a fan of hiking, rafting or simply camping for days in pristine nature, Perm and its surroundings have something to offer you. If you happen to find yourself with a little bit of time while in Perm, go camping and explore. Your trip will soon turn into an adventure you will never forget.

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Employment-Based Adjustment of Status FAQs

The employment-based (EB) annual limit for fiscal year (FY) 2024 will be higher than was typical before the pandemic, though lower than in FY 2021-2023. We are dedicated to using as many available employment-based visas as possible in FY 2024, which ends on Sept. 30, 2024.

Frequently Asked Questions

Q. What information is available regarding how many pending Forms I-485, Application to Register Permanent Residence or Adjust Status, USCIS currently has in its inventory in the employment-based categories by country of chargeability?

A. We publish an inventory report, Form I-485, Application to Register Permanent Residence or Adjust Status - Pending Applications for Employment-Based Preference Categories , intended to provide information about the number of pending Forms I-485 in the employment-based preference categories. The report provides our estimate of how many Forms I-485 we have in our inventory for each employment-based preference category, by selected country of chargeability, and by the month and year of the estimated priority date. A noncitizen with a pending adjustment of status application can use the report to estimate how many Forms I-485 we have in our inventory with earlier priority dates for their employment-based preference category and country of chargeability. Wait times for an employment-based immigrant visa depend on numerous factors, including, but not limited to, supply of visas and demand of visas for a particular preference category (at USCIS and the Department of State (DOS)), priority date, the country to which a visa will be charged (usually an applicant’s country of birth), and statutory limitations (for example, per country caps). The report does not include all those who may eventually be eligible for employment-based immigrant visas.

How to Read This Report:

This report provides an overview of the estimated volume of pending adjustment of status applications in the employment-based preference categories currently in the USCIS inventory. To determine how many adjustment of status applications in a particular category and country of chargeability have a priority date earlier than a given priority date, first find the sheet in the report with the relevant country of chargeability. Next, determine the relevant “Preference Category” and find the month and year of the priority date to see the volume of pending adjustment of status applications before that preference category and priority date. Every application on the report with a priority date that is earlier than the given priority date is ahead in the queue for adjustment of status.

Please note, however, that this report does not contain information about DOS inventory, nor does it have any information about noncitizens with pending or approved immigrant visa petitions who have not yet applied for adjustment of status. Note also that this report reflects an estimate based on data available at the time the report was generated. The number of pending applications with older priority dates may change, not only as visas become available and applications are approved but also because of other factors, such as new Form I-485 applications based on older priority dates due to priority date retention or applications transferring from one basis to another (for example, an application transferring from a Form I-140 in the EB-3 category to a Form I-140 in the EB-2 category). This report also contains no information about pending applications for permanent labor certifications or prevailing wage determination requests at the Department of Labor. Therefore, it does not provide a complete picture of those in the queue for employment-based immigrant visas. ( Added 05/14/202 4)

Q. How many employment-based immigrant visas did USCIS and the Department of State (DOS) use during FY 2023?

A. DOS determined that the FY 2023 employment-based annual limit was 197,091, due to unused family-based visa numbers from FY 2022 being added to the employment-based limit for FY 2023. In addition, 6,396 EB-5 visas carried over from FY 2022 to FY 2023 in the reserved subcategories. By the end of the fiscal year on Sept. 30, 2023, the agencies used all of these employment-based immigrant visas, apart from 10,874 EB-5 visas that Congress has allowed to carry over to the next fiscal year. Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 147,000 employment-based adjustment of status applications for individuals already present in the United States. (Updated 03/07/2024)

Q. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2024?

A. DOS currently estimates that the FY 2024 employment-based annual limit will be approximately 161,000, due to unused family-sponsored visa numbers from FY 2023 being added to the employment-based limit for FY 2024. In addition to the 161,000 overall limit, in the EB-5 category there are 10,874 extra visas available that Congress has allowed to carry over from the previous 2 fiscal years. USCIS, with its partners at DOS, is committed to using all the available employment-based visas in FY 2024. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to achieve this goal.

Note: Our Immigration and Citizenship Data “All USCIS Application and Petition Form Types” and “Application for Adjustment of Status (Form I-485)” quarterly reports do not provide a comprehensive picture of employment-based visa use. The quarterly reports do not include the visas issued by our partners at DOS, and before FY 2023 they included the 4th preference employment-based categories under “other.” The quarterly “Legal Immigration and Adjustment of Status” reports published by the DHS Office of Immigration Statistics include adjustments of status but capture immigrant admissions at ports of entry rather than immigrant visa issuance by DOS, and as a result do not reflect year-to-date visa use. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. Also, USCIS reminds the public that, as noted in the Monthly Immigrant Visa Issuance Statistics reports webpage published by DOS, “individual monthly issuance reports should not be aggregated, as this will not provide an accurate issuance total for the fiscal year to date.” (Added 12/8/2023)

Q. How many family-sponsored or employment-based immigrant visas did USCIS and DOS use during FY 2022?

A. The Department of State (DOS) determined that the FY 2022 employment-based annual limit was 281,507 – more than double the typical annual total – due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal year’s available employment-based visas. By the end of the fiscal year on Sept. 30, 2022, the agencies used all of these employment-based immigrant visas, apart from 6,396 EB-5 visas that Congress has allowed to carry over to the next fiscal year. Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 220,000 employment-based adjustment of status applications for people already present in the United States.

DOS determined that the FY 2022 family-sponsored annual limit was 226,000. By the end of the fiscal year on Sept. 30, 2022, the agencies had used 168,917 of the available visas. Of these, USCIS and EOIR approved more than 12,000 family-sponsored adjustment of status applications for individuals already present in the United States. The approximately 57,000 unused family-sponsored visa numbers from FY 2022 are added to the FY 2023 employment-based limit. (Updated 03/22/2023)

Q. Would you please summarize the changes we see in the October 2023 Visa Bulletin?

A. With the start of fiscal year 2024, DOS can begin allocating employment-based visa numbers from the FY 2024 limit, estimated to be 161,000. As a result, we see a measure of recovery from the retrogressions of FY 2023 in all categories. Every Final Action Date in the Visa Bulletin has advanced from its level in September 2023 (or remained the same), and on Oct. 1, 2023, USCIS and DOS began completing the adjudication of applications filed by noncitizens for whom visas became available. (Updated 12/8/2023)

Q. Why have the dates in some categories in the October 2023 Visa Bulletin not advanced sufficiently to allow new applications?

A. USCIS and DOS have significant volumes of employment-based adjustment of status and immigrant visa applications in their inventories. For some categories, including EB-2 and EB-3 for noncitizens chargeable to India, the agencies already have sufficient applications on hand to use up all of the available visas for FY 2024 and several fiscal years in the future. INA 203 requires that DOS make “reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year…and to rely upon such estimates in authorizing the issuance of visas.” In addition, INA 245 requires, among other things, an immigrant visa to be “immediately available” at the time an application for adjustment of status is filed. Given these statutory provisions, when the agencies already have enough inventory to use several years’ supply of immigrant visas in a particular category, it is not reasonable to advance the dates in the Visa Bulletin to allow the filing of new applications. (Added 9/15/2023)

Q. What does the October 2023 Visa Bulletin reveal about fiscal year 2024 and future fiscal years?

A. As the agencies rebuild normal operations following the COVID-19 pandemic, fewer unused family-based immigrant visa numbers are carrying over to increase the number of available employment-based immigrant visas in FY 2024. In the years ahead, once there are no more unused family-based numbers, the annual number of available employment-based immigrant visas should return to 140,000.

This limit, established by Congress more than three decades ago, is insufficient to meet the demand for employment-based immigrant visas in every category. Barring a change to the statute or an unexpected reduction in noncitizens seeking employment-based immigrant visas, noncitizens from all countries can expect to see longer waits for immigrant visas.

Within EB-1, the category remains “Current” for noncitizens chargeable to countries other than India and China and the Final Action Dates have advanced for both India and China compared to the September 2023 Visa Bulletin.

Within EB-2, demand for visas from noncitizens chargeable to countries other than India and China is so high that for the first time ever, the category is not “Current” for such applicants at the beginning of a fiscal year.

The same is true in EB-3, where demand from countries other than India and China is very high and so the category will not be “Current” for such applicants at the beginning of the fiscal year for the first time since FY 2018. The Final Action Dates for noncitizens chargeable to India and China in this category have advanced, reflecting the available visas for FY 2024.

As has been true for the past few years, high demand in the EW (Other Worker) category from noncitizens chargeable to countries other than India and China means that such noncitizens will still face a significant wait for visa availability.

In EB-4, the Final Action Dates for noncitizens chargeable to all countries has advanced.

Visas will continue to be available to all noncitizens chargeable to countries other than India and China in the EB-5 category. Noncitizens chargeable to China will continue to benefit from the special statutory exception to the per-country levels in the EB-5 category, and this is reflected by the advancing dates in the Visa Bulletin. The dates for noncitizens chargeable to India in the EB-5 category have also advanced but the category is not “Current,” reflecting the fact that increased demand in the EB-5 category by such noncitizens is greater than the available supply of visas. (Added 9/15/2023)

Q. With increasingly long waits for employment-based immigrant visas for noncitizens from every country and in most categories, what has USCIS done to help those affected?

A. We are committed to working with Congress to find durable solutions to address the imbalance between the high demand for immigrant visas and the decades-old annual statutory limits. We continue to emphasize that this imbalance needs to be addressed and that only Congress can alleviate the statutory constraint on immigrant visa numbers.

At the same time, we continue to pursue policy and regulatory changes to bring greater certainty, stability, and protection for employer-sponsored noncitizens (as well as self-petitioners, special immigrants and immigrant investors) in the United States. Recent such measures include:

Establishing (PDF, 352.94 KB) a 5-year validity period for employment authorization documents (EADs) issued to noncitizens with pending adjustment of status applications, effective Sept. 27, 2023;
Clarifying (PDF, 352.53 KB) eligibility criteria for O-1A and O-1B individuals of extraordinary ability;
Updating (PDF, 316.12 KB) USCIS Policy Manual guidance regarding eligibility for the EB-1 Extraordinary Ability and Outstanding Professor or Researcher visa categories;
Clarifying (PDF, 379.49 KB) eligibility for EB-2 individuals of exceptional ability and advanced degree holders with national interest waivers;
Updating (PDF, 345 KB) the USCIS interpretation of the Child Status Protection Act to prevent some child beneficiaries from aging out of child status and allowing them to adjust immigration status with their parents;
Clarifying (PDF, 317.81 KB) the evidence required for physicians seeking a national interest waiver of the job offer requirement;
Clarifying (PDF, 282.22 KB) eligibility criteria and standards for applications for compelling circumstances employment authorization documents (EADs);
Clarifying (PDF, 288.53 KB) eligibility for J-1 exchange visitor status;
Clarifying options for workers whose employment has terminated, either voluntarily or involuntarily, to remain in the United States while securing new employment;
Updating and expanding the list of degree fields qualifying noncitizen graduates of U.S. universities for STEM optional practical training (OPT);
Clarifying (PDF, 498.85 KB) that USCIS considers certain E-1, E-2, E-3 and L-2 nonimmigrant dependent spouses employment authorized incident to status, such that they are not required to apply and wait for an EAD, and applying the automatic extension of employment authorization for renewal EAD applications filed by these E and L spouses as well as certain H-4 spouses;
Establishing a process for healthcare and childcare workers to make an expedited request for processing of initial EAD applications that have been pending for more than 90 days, or renewal applications that would expire within 30 days or have already expired;
Expanding premium processing to all filers of Form I-140, Immigrant Petition for Alien Workers, and certain filers of Form I-765, Application for Employment Authorization, and Form I-539, Application to Extend/Change Nonimmigrant Status, while adhering to the congressional requirement that such services must not cause an increase in processing times for regular immigration benefit requests;
Launching a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center. (Updated 12/8/2023)

Q. How successful have the agencies been in using the available employment-based visas?

A. For every fiscal year since FY 2007, with the exceptions of FY 2020 and FY 2021, USCIS and DOS have either used all of the available employment-based visas or fallen short by less than 1% of the annual limit. The 2-year period between FY 2020-2021 saw significantly higher than usual annual limits, and the shortfall of visa use in these fiscal years was caused by a shortage of financial resources and COVID-19 pandemic-related operational restrictions, which impacted visa processing. Despite these challenges, USCIS approved more employment-based adjustment of status applications in FY 2020 than in any of the previous 6 years. This trend continued through FY 2021, when USCIS approved what was at the time the second highest number of employment-based adjustment of status applications in the history of the agency. As described above, USCIS and DOS utilized all available employment-based immigrant visa numbers in FY 2022 and FY 2023.

Q. Did DOS retrogress (set back) certain Final Action Dates or apply new Final Action Dates in the Visa Bulletin for October 2022?

A. In the case of the October 2022 Visa Bulletin , without a retrogression of the Final Action Date for India EB-2, visa use by the two agencies would likely have exceeded the available visas within the first few weeks of the fiscal year, in violation of the statute. In setting the first Visa Bulletin of the fiscal year each October, DOS makes reasonable estimates of the available employment-based immigrant visas in each category. It then, in collaboration with USCIS, reviews the pending inventory of adjustment of status and immigrant visa applications, makes reasonable estimates of new applications, estimates how many of the pending and newly filed applications are likely to result in visa use during the fiscal year, and compares those values to the available visas.

When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to:

The potential that a certain percentage of applications will not be approved;
Accounting for noncitizens who have multiple pending adjustment of status applications in different categories;
Estimating and considering the number of family members who may decide to immigrate with the principal applicant;
Considering where applications are in the adjudication process and how likely they are to result in visa use in the immediate future; and
Adjustment of status applicants with multiple pending or approved immigrant visa petitions in different EB categories who may decide to transfer between categories based on which category seems most advantageous to them.

When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered “oversubscribed” and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. (Updated 12/8/2023)

Q. Why did DOS retrogress the India EB-3 Final Action Date in the July 2023 Visa Bulletin?

A. DOS has answered this question in Item F of the July 2023 Visa Bulletin and in a further clarifying notice at Travel.State.Gov . (Added 06/16/2023)

Q. Why do the dates in the Visa Bulletin sometimes retrogress?

A. Congress explicitly directs DOS to “make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within [the family-sponsored, employment-based and diversity categories] and to rely upon such estimates in authorizing the issuance of visas.” See INA 203(g) . DOS makes such estimates, and the Visa Bulletin reflects those “reasonable estimates.” However, these are estimates, and DOS, working collaboratively with USCIS, cannot know exactly how many individuals may ultimately apply for adjustment of status or an immigrant visa or have their applications approved. The demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. Visa availability for a particular category or country can also change throughout the year through the fall up/fall down provisions (explained in the Allocation of Visa Numbers section on this page), through lower (or higher) use of family-sponsored visas (for example, by noncitizens chargeable to India or China), and through lower (or higher) than anticipated demand from applicants chargeable to countries other than India or China.

This balancing act is a result of Congress allowing DOS to rely on “reasonable estimates of the anticipated numbers of visas to be issued” while setting very strict and detailed annual limits and rules for the distribution of visas. Congress created a system in which DOS must regularly adjust the population of noncitizens who can potentially be issued visas (set by the Final Action Dates) in order to create sufficient demand for such visas (allowing the agencies the best chance to use all of the visas) while also restricting the issuance of such visas (to ensure that visa issuance remains within the limits established by Congress).

When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. (Added 10/26/2022)

Q. Why, as DOS noted in Part F of the August 2023 Visa Bulletin , do so many noncitizens chargeable to India have pending applications in the EB-1 category with older priority dates?

A. It is common for noncitizens to have approved immigrant visa petitions in multiple categories, particularly when a noncitizen faces a significant wait for an available visa. Over time, a noncitizen may develop additional skills or qualifications that make them eligible to be the beneficiary of a petition in one of the EB-1 subcategories. Such noncitizens may decide to self-petition or have an employer file a petition on their behalf in EB-1, particularly if it would result in becoming an LPR much more quickly than in EB-2 or EB-3 visa categories. Under 8 CFR 204.5(e), a noncitizen who is the beneficiary of multiple approved employment-based petitions in these categories may use the earliest priority date, with some exceptions. Many noncitizens from India with priority dates in 2012 through 2015 have pursued this option and as a result, the agencies’ pending inventory has a significant volume of such applications. ( Added 07/14/2023)

Q. Does retrogression affect my priority date or place in line for an immigrant visa?

A. If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. Retrogression does not affect your priority date or your place in line for an immigrant visa. You may still receive a visa when one becomes available to you based on that priority date. Retrogression only means that due to the high demand for visas exceeding the statutory limits, visas are not available to all noncitizens who want them, even if they have already filed an application for adjustment of status.

Q. My category retrogressed or a Final Action Date was applied. What is my path forward to a Green Card?

A. When a visa becomes available to you in the future based on the Final Action Date for your country and category as compared to your priority date, USCIS will be able to approve your adjustment of status application if you are admissible, merit a favorable exercise of discretion, and are otherwise eligible. While your I-485 application for adjustment of status is pending, you are eligible to seek certain benefits, among which are:

You may apply for employment authorization , which, if granted, is not tied to a particular employer, position, or job classification, and is currently granted in increments of up to 5 years;
You may apply for advance parole , which, if granted, authorizes you to travel outside of the United States during the advance parole validity period (also now 5 years) and apply for parole into the United States upon your return (at a U.S. port of entry) without abandoning your adjustment of status application;
If your employment-based adjustment of status application has been pending with USCIS for 180 days or more, you may request to “port” the underlying job opportunity upon which your adjustment is based to a new employer or new job offer that is the same or similar to the original one without the portability request alone impacting your priority date;
Depending on the facts of your case, your children who have also applied for adjustment of status as your derivative beneficiaries might not age out of eligibility to adjust status as your derivative beneficiaries; and
You are generally considered to be “in a period of stay authorized” while your application is pending and would not accrue unlawful presence while “in a period of authorized stay.”

Please note that USCIS is making every effort to reduce processing times for employment authorization and advance parole applications. (Updated 12/8/2023)

Q. If my adjustment of status application was approved, but then the Final Action Date for my category and country of chargeability later retrogresses, does that affect my status as a lawful permanent resident?

A. Retrogression has no effect on lawful permanent residents. (Added 10/26/2022)

Q. Does retrogression affect consular processing?

A. Yes. DOS and USCIS are only authorized to issue immigrant visa numbers (for purposes of consular processing or adjustment of status) if the applicant in the given family-sponsored or employment-based preference category has a priority date that is earlier than the date shown in the Final Action Dates chart of the Visa Bulletin for their country of chargeability and immigrant visa category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). (Added 10/26/2022)

Q. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status?

A. Under INA 214(g)(4) , the period of “authorized admission” as an H-1B nonimmigrant “may not exceed 6 years.” However, there are certain exemptions to this limitation, including the exemption established by Congress in section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF) and codified in regulation in 8 CFR 214.2(h)(13)(iii)(E) . Under that exemption, USCIS may grant additional periods in H-1B status in increments of up to 3 years for a noncitizen who currently maintains or previously held H-1B status, who is the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition, and who is eligible to be granted lawful permanent resident (LPR) status (also known as obtaining a Green Card) in one of those categories but for the application of the per country limitation. If an applicant for adjustment of status is otherwise eligible for the exemption and does not have an immigrant visa available to them in EB-1, EB-2, or EB-3 due to the application of the per-country limitations of INA 202(a)(2 ), USCIS may grant additional periods in H-1B status in increments of up to 3 years. (Added 10/26/2022)

Q. Does retrogression, the issuance of a Request for Evidence or Notice of Intent to Deny, or the scheduling of an interview reset the 180-day portability clock?

A. No. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual . (Added 10/26/2022)

Q. Do biometrics “expire” due to retrogression?

A. No, the biometrics collected by USCIS in connection with a pending adjustment of status application never “expire.” While biometrics-based background checks are valid for a period of 15 months, USCIS refreshes the background check associated with the pending adjustment of status application by resubmitting the previously provided biometrics; a new biometrics appointment is not required. (Added 10/26/2022)

Q. How are unused family-sponsored visa numbers from the previous fiscal year that are added to the employment-based limit in the current fiscal year distributed, given the per-country limits?

A. Under INA 201(d)(2) , the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. Under INA 203(b ), that overall employment-based limit is then divided between the 5 employment-based preference categories based on the fixed percentages as described above. However, within each employment-based category, the visas are still distributed with the per-country limits in effect, unless the exception to the per country limits of INA 202(a)(5) applies within that category. This exception is explained in detail in this section of the FAQ. The unused family-sponsored visa numbers added to the employment-based limit in the subsequent fiscal year are not automatically distributed to applicants with the earliest priority dates because the per-country limits still apply. (Updated 12/8/2023)

Q. If a category/country is “Current” in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country?

A. No. A category can be “Current” in the Visa Bulletin even when there are tens of thousands of applications pending with the agencies. “If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered ‘Current.’” See DOS’s The Operation of the Immigrant Numerical Control System (PDF) . For example, if EB-2 has 49,000 visas available for applicants from countries other than India and China, and there are 48,000 pending applications, then the category can be “Current.” (Added 10/26/2022)

Q. If visas are “not required” in a particular employment-based category, are they made available in the other employment-based categories?

A. Congress has established statutory provisions that allow for the flow of visas “not required” in certain employment-based categories to be made available to applicants in other employment-based categories. These are commonly referred to as the “fall up/fall down” provisions. Under INA 203(b) , visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3. Congress did not create a pathway in the statute for visas not required in EB-3 to be made available in another employment-based category. Please note that with the enactment of the EB-5 Reform and Integrity Act of 2022 on March 15, 2022, Congress established special rules for the carryover of certain unused EB-5 visas from one fiscal year to the next. As a result, not all EB-5 visas that are “not required” in that category can be made available in EB-1. DOS, in collaboration with USCIS, considers every month if visas may be “not required” in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. This can happen as early as the first month in a fiscal year, depending on the underlying data. For example, in FY 2021 it was clear from the beginning of the fiscal year that a significant number of visas would not be “required” in EB-1 and the dates for EB-2 in the October 2020 Visa Bulletin reflected the reasonable estimate that visas would “fall down” to EB-2. As another example, in early FY 2022 it was clear that a significant number of visas would “fall up” from EB-5 to EB-1, and “fall down” from EB-1 to EB-2, and the dates in the Visa Bulletin reflected these reasonable estimates. Below is a visual representation of the “fall up/fall down” provisions. (Updated 03/22/2023)

Q. Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year?

A. When we determine that there are immigrant visas available for the filing of additional adjustment of status applications, noncitizens must use the Dates for Filing chart to determine when to file an adjustment of status application with USCIS. Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. We make this determination monthly based on how many visa numbers remain available for the year, USCIS and DOS visa-available inventory, and operational considerations.

Q. What is the “per-country limit”? Does it apply to each employment-based preference category separately?

Under INA 202(a)(2) , “the total number of immigrant visas made available to natives of any single foreign state…under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent…of the total number of such visas made available under such subsections in that fiscal year.” Accordingly, there is a 7% annual per-country limit that applies to all the family-sponsored and employment-based preference categories combined.

The per-country limit only applies to noncitizens becoming lawful permanent residents in the family-sponsored and employment-based preference categories under INA 203(a) and (b). Under the statute, the 7% per-country limit does not apply to each individual category and does not apply to the employment-based or family-sponsored visas on their own. For example, in FY 2023, the employment-based limit was 197,091 visas and the family-sponsored limit was 226,000 visas, added together for a total of 423,091 visas. Natives of a single foreign state could receive up to 7% of that total, or 29,616 visas in the employment-based and family-sponsored categories combined. If, in this example, DOS were to allocate 5,000 family-sponsored visas to natives of a single foreign state, then 24,616 employment-based visas would still be available to be allocated to natives of that foreign state, divided according to the usual statutory formula between the various employment-based categories.

Currently, the countries that exceed the 7% per-country limit are China, India, Mexico, and the Philippines. INA 202(a)(5)(A) provides limited statutory exceptions to the per-country limit which can result in noncitizens from a single foreign state receiving more than 7% of the combined family-sponsored and employment-based limits (see details below). Please note that admission to the United States in other immigrant or nonimmigrant categories, parole into the United States, admission as a refugee, or any other manner of entering the United States have no impact on the per-country limit. (Updated 04/03/2024)

Q. When does the special exception to the per-country levels for the employment-based categories apply?

A. Under INA 202(a)(5)(A), if the total number of visas available in one of the employment-based categories for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available in that category will be issued without regard to the per-country numerical limitation. This can happen as early as the first day of a fiscal year, depending on the relevant data. USCIS understands that there are some misconceptions about this topic, and states again that this special exception to the per-country levels applies (if the statutory criteria are met) in any quarter of a fiscal year, not just in the fourth quarter. For example, in the October 2022 Visa Bulletin, EB-1 was “Current” for all countries of chargeability, indicating that the exception applies (based on reasonable estimates) and that visas in that category are being issued without regard to the per-country numerical limitation, benefitting applicants chargeable to India and China. Please note that if DOS has established a worldwide Final Action Date for an immigrant visa category, DOS has estimated that the total number of visas available in that category is less than the number of qualified immigrants who may otherwise use such visa numbers. For example, in the third and fourth quarters of FY 2023, DOS established a worldwide Final Action Date for EB-3. As a result, during those two quarters, the exception to the per-country limits did not apply in EB-3. (Updated 04/03/2024)

Q. How do the agencies apply the quarterly limits to visa allocation in the family-sponsored and employment-based preference categories?

A. INA 201(a)(2) states that employment-based immigrants who may be issued immigrant visas or who may otherwise acquire LPR status are limited to 27% of the worldwide EB annual limit in each of the first 3 quarters of the fiscal year. The quarterly limits do not apply to individual categories or countries; they apply to the use of all employment-based immigrant visas as a whole. For example, in the first quarter, the agencies could use 50% of the visas available in the EB-4 category, provided that overall use across all the EB categories did not exceed 27%. There is no quarterly allocation of visas for a specific country or category. As a result, there is no additional batch of visa numbers allocated to a particular country or category (for example, India EB-2) at the start of each quarter and the Final Action Dates established in the Visa Bulletin generally reflect the annual category and per-country limits. The same is true for the family-sponsored categories, as stated in INA 201(a)(1) . (Added 03/22/2023)

Q. When is a visa number subtracted from the annual limit?

A. A visa number is subtracted from the annual limit when DOS issues an immigrant visa to a noncitizen through consular processing or when a noncitizen acquires lawful permanent resident status upon approval of their application for adjustment of status, either with USCIS or EOIR of the U.S. Department of Justice. A visa number is not subtracted from the annual limit based on any other preliminary step in the adjudication process (that is, not at the time of filing, not at the time of interview scheduling, not at the time of transferring to a USCIS field office, not with the issuance of a Request for Evidence, not with the approval of the underlying immigrant visa petition, not with the granting of a transfer of underlying basis request, etc.). There is also no reservation or pre-allocation of a visa number to an applicant at any of these procedural steps. If USCIS has approved an adjustment of status application for a principal applicant, but the applications of dependent family members remain pending, immigrant visa numbers have not yet been subtracted from the annual limit for the dependent family members. (Updated 03/22/2023)

Q. What is cross-chargeability and how does USCIS apply it?

A. In certain situations, an applicant may benefit from the charging of their visa number to their spouse’s or parent’s country of birth rather than their own. This is known as cross-chargeability, and is found in INA 202(b) .

In practice, cross-chargeability is used where the preference quota category is backlogged for one spouse’s country of chargeability but a visa is available for the other spouse’s country of chargeability. The principal applicant may cross-charge to the derivative spouse’s country, and the derivative spouse may cross-charge to the principal’s country.

Derivative children may cross-charge to either parent’s country as necessary. Parents may not cross-charge to a child’s country. In other words, the principal applicant or derivative spouse may never use their child’s country of birth for cross-chargeability.

Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together.

For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6 . (Added 10/26/2022)

Q. When USCIS uses the phrase “visa available” when referring to pending applications for adjustment of status, what does this mean?

A. When USCIS uses the phrase “visa available” in reference to a pending adjustment of status application, it means that the applicant in the given family-sponsored or employment-based preference category has a priority date that is earlier than the date shown in the Final Action Dates chart of the Visa Bulletin for their country of chargeability and immigrant visa category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). Please note that just because a visa is available for issuance to an applicant does not mean that the applicant has been allocated a visa. (Added 10/26/2022)

Q. How does USCIS determine if an immigrant visa is “immediately available” when considering whether to accept or reject an adjustment of status application?

A. Under the regulations, an immigrant visa in the family-sponsored and employment-based preference categories “is considered available for accepting and processing” the adjustment of status application “if the applicant has a priority date…which is earlier than the date shown in the [Visa] Bulletin” for their country and category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). See 8 CFR 245.1(g)(1) . To make this determination, USCIS consults the appropriate chart in the Visa Bulletin (Final Action Dates or Dates for Filing) for the month when the application was received at the correct USCIS filing location per the form instructions. USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin . Only the publication of a revised Visa Bulletin for a month would alter USCIS’ decision about accepting or rejecting an application due to visa availability.

Please note that accepting or rejecting a benefit request is part of USCIS intake processing; it is not the approval or denial of the benefit request by an adjudicator. (Added 10/26/2022)

Q. What is the difference between the Dates for Filing chart and the Final Action Dates chart?

A. The Final Action Dates charts indicate when an applicant may be scheduled for a consular interview and when their case may be processed to completion by DOS or USCIS. Immigrant visa numbers can be authorized for issuance only for an applicant whose priority date is earlier than the Final Action Date for their category and country of chargeability (or the category is Current).

The Dates for Filing charts indicate when an application is within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the Date for Filing for their category and country of chargeability (or the category is Current) may assemble and submit required documents to the DOS National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. For noncitizens interested in pursuing adjustment of status, USCIS may allow them to apply for adjustment based on the Dates for Filing chart. This is a monthly determination. and we announce this on our website . (Added 9/15/2023)

Q. When is a derivative child’s applicant age locked under the Child Status Protection Act, and how is that age calculated?

A. In the employment-based preference categories, a child’s age under the Child Status Protection Act (CSPA) is the child’s biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. For more information about when a visa is considered available for CSPA purposes, as well as other details about CSPA, please see Volume 7, Part A, Chapter 7 of the USCIS Policy Manual .

Q. When USCIS adjudicates a principal applicant’s adjustment of status application, does USCIS also adjudicate the adjustment of status applications of the dependent family members? What if dependent family members are not approved before priority dates move back?

A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Two things that applicants can do to help USCIS adjudicate a family’s applications together are:

Providing as much of the information requested in the section of Form I-485 titled “Information About Your Immigrant Category” as possible; and
Ensuring that all applications include the required evidence for each family member.

If we deem approvable a Form I-485 of a derivative family member and a visa number is not available based on the Final Action Dates chart in the Visa Bulletin at the time we make that determination, the application will remain pending until a visa number is available, DOS allocates a visa, and USCIS completes the adjudication.

Please note that when INA 203(d) states that a derivative family member “shall…be entitled to the same status, and the same order of consideration…if accompanying or following to join” the principal applicant, it means that a derivative has the same priority date (order of consideration) and same immigrant visa category as the principal applicant. It does not mean that the derivative spouse or child always receives a visa or adjusts status on the same date as the principal applicant. This is clear from the language about “accompanying or following to join,” which allows a derivative to receive an immigrant visa or adjust status after the principal applicant. For more information about derivative applicants and “accompanying or following to join,” please see Volume 7, Part A, Chapter 6 of the USCIS Policy Manual . (Updated 03/22/2023)

Q. If I applied for adjustment of status as a principal applicant, and my spouse applied as my dependent family member, but now visas are unavailable for us based on my petition but they are available based on a petition filed for my spouse, may we transfer our pending adjustment of status applications to her petition?

A. Yes. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. This is different from cross-chargeability, which is when an applicant may benefit from the charging of their visa number to their spouse’s or parent’s country of birth rather than their own. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. (Added 10/26/2022)

Q. If I applied for adjustment of status as a principal applicant but my spouse or children did not apply at the same time as I did, may they apply for adjustment of status in the future?

A. Yes, if they are otherwise eligible. Derivative family members may accompany or follow to join a principal applicant and may apply for adjustment of status (or an immigrant visa) while the principal applicant’s application is pending or after the principal applicant has become an LPR. However, the derivative family member must meet the eligibility requirements to file for adjustment of status, including that an immigrant visa is immediately available to them at the time they file their application. As a result, if a visa is no longer available to the family member due to retrogression or the application of a Final Action Date, they must wait for a visa to again become available before they are eligible for adjustment of status. If the principal beneficiary becomes an LPR and loses their LPR status or naturalizes before the derivative family member’s adjustment of status, the derivative is no longer eligible for the classification as an accompanying or following-to-join family member. A family member may be eligible for LPR status as the spouse, child, or adult son or daughter of a U.S. citizen. (Added 9/15/2023)

Q. What is a transfer of the underlying basis of an adjustment of status application?

A. An adjustment of status applicant whose application is based on a particular immigrant category occasionally prefers to have the pending application considered under another category. For example, an applicant who applied for adjustment of status concurrently with an employment-based petition in one preference category may want to transfer the underlying basis of their Form I-485 to a new employment-based petition filed by a different employer in a different preference category. There is no fee associated with submitting a request to transfer the underlying basis of your Form I-485, and you do not have to submit a new adjustment of status application with your transfer request. You may also transfer the underlying basis of your Form I-485 from the new petition back to your original petition, or to another petition, by submitting a new transfer request. For more information about transferring the underlying basis of your adjustment of status application, see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual . (Added 03/22/2023)

Q. How does the transfer of underlying basis request process work?

A. We have created a centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. You may submit your written request and completed Supplement J to:

U.S. Postal Service (USPS):

USCIS Attn: Supp J PO Box 660834 Dallas, TX 75266-0834

FedEx, UPS, and DHL deliveries:

USCIS Attn: Supp J (Box 660834) 2501 S. State Hwy. 121 Business Suite 400 Lewisville, TX 75067-8003

You should only send transfer requests accompanied by a Supplement J to this address. Do not send other forms, documents, or evidence to this address.

Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application.

If you have already submitted a transfer request to a USCIS office, you should not submit a new request. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485.

For transfer requests accompanied by Supplement J submitted to this address at the Dallas Lockbox, we scan the documents, upload the Supplement J information into our systems (generating a receipt notice), and notify the office or service center that currently holds the related adjustment of status application that the scanned request is available in our electronic systems. A USCIS officer reviews the transfer request and will grant or deny the request as a part of the adjudication of the adjustment of status application.

A receipt notice does not mean that USCIS has granted the transfer request, it just indicates that USCIS has uploaded the Supplement J information into our systems. USCIS does not notify the applicant when it grants a transfer request. (Updated 10/26/2022)

Q. How does a transfer of underlying basis request affect the calculation of a child’s age under the Child Status Protection Act (CSPA)?

A. As stated in Volume 7, Part A, Chapter 7 of the USCIS Policy Manual , “[i]f an applicant has multiple approved petitions, the applicant’s CSPA age is calculated using the petition that forms the underlying basis for the adjustment of status application." When we approve a request to transfer the underlying basis of the pending adjustment of status application, we calculate the CSPA age using the approved petition that forms the new basis of the adjustment application. If we transfer an applicant’s underlying basis, then we calculate an eligible applicant’s CSPA age using the applicant’s age at the time the immigrant visa becomes available in the new category minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending. (Updated 03/22/23)

Q. If the immigrant visa petition underlying my pending adjustment of status application has not been adjudicated, will this prevent me from transferring the basis to a different petition?

A. No. If you have a pending petition, that does not prevent us from granting a request to transfer the underlying basis of your pending Form I-485 to a different Form I-140.

Q. Why must applicants request to transfer the underlying basis of their pending Form I-485? Why does USCIS not review its records and make the decision for the applicants?

A. The decision to grant a transfer request is made in the discretion of USCIS. If we grant the transfer request, we will adjudicate the Form I-485 application based on the petition to which the Form I-485 was transferred. If we do not grant the transfer request, we will adjudicate the Form I-485 application based on the petition associated with the Form I-485 application prior to the transfer request.

We do not presume to know whether an adjustment of status applicant would like to transfer their pending Form I-485 application from the petition on which it is currently based to a different petition. We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application.

To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. They have an older approved petition in a different preference category where a visa is available to them. However, the petition was filed over 10 years ago, and the noncitizen no longer has a relationship with the potential employer, or the employer may no longer exist or no longer be willing to employ the noncitizen. As a result, the noncitizen could not adjust status based on that petition.

Q. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? Is it true that the EB-3 I-140 does not have to be approved to allow a transfer of underlying basis of the Form I-485 to an approved EB-2 I-140 where the EB-2 priority date is earlier than the Final Action Date for the relevant category and country of chargeability?

A. A pending EB-3 petition in this scenario does not prevent USCIS from granting the applicant’s request to transfer the underlying basis of their pending Form I-485 to a separate, approved Form I-140.

Q. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me?

A. No, USCIS granting an applicant’s transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual . (Added 10/26/2022)

Q. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? For example, if I applied for adjustment of status based on an EB-3 petition and USCIS granted my transfer request to an EB-2 petition, will USCIS consider my eligibility on either petition?

A. No, if USCIS grants an applicant’s transfer of underlying basis request, USCIS will only adjudicate the adjustment of status application on the most recently granted transfer request. If an employment-based adjustment of status applicant wants to transfer to another basis, they must submit a new transfer request. In this example, USCIS would only consider the applicant’s eligibility for adjustment on the basis of the EB-2 petition, unless the applicant again requested a transfer to a third basis. (Added 10/26/2022)

Q. If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485?

A. USCIS strongly encourages adjustment of status applicants to submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. Doing so will help limit the need for USCIS to send Requests for Evidence, reduce processing times, and aid USCIS as it works with DOS to use all available visas. ( Updated 12/8/2023)

Q. If I did not file a Form I-693 with my pending Form I-485, should I send one in now or wait for USCIS to request it, and why?

A. Noncitizens with pending adjustment of status applications should not send an unsolicited Form I-693 to us. Given the rapid movement of files between directorates and offices as we strive to optimize resources across the agency, it would be difficult to match an unsolicited Form I-693 with the related adjustment of status applications in a timely and efficient manner. This could delay the adjudication of adjustment of status applications while Forms I-693 are matched up to adjustment applications. We are proactively identifying employment-based adjustment of status applications with available visas that lack a valid Form I-693 and contacting applicants directly to request that form.

If your underlying petition is approved and a visa is available to you, but you know that your previously filed Form I-485 does not have a valid Form I-693, it will help USCIS use the available visas and adjudicate your application if you visit a civil surgeon and have a valid Form I-693 on hand when we send the request to you.

Q. My immigrant visa petition has been approved and I have a pending adjustment of status application. What happens next?

A. USCIS transfers adjustment of status applications in the first three employment-based preference categories from the Texas Service Center (TSC) and Nebraska Service Center (NSC) to the National Benefits Center (NBC) after the approval of the petition. The Field Operations Directorate will adjudicate the adjustment of status applications. ( Updated 12/8/2023 )

Q. Under what circumstances does the National Benefits Center (NBC) adjudicate employment-based adjustment of status applications?

A. The NBC is responsible for the final adjudication of EB I-485s that have been reviewed by an officer in the field or at a service center where the case is eligible for approval but for the fact that the visa is unavailable. Cases meeting this criterion are referred to as “regressed visa cases.” Regressed visa cases are sent to the NBC where a review is conducted to ensure information is properly captured in USCIS systems, the records are complete, and to confirm the visa is unavailable. When a visa becomes available (either through a Visa Bulletin update or through a change of visa classification to one with an available visa) and DOS has allocated an immigrant visa number, NBC will adjudicate the case to completion.

Additionally, in other contexts and under certain conditions, if a case is located at the NBC and meets the interview waiver criteria, the NBC may adjudicate to completion. Examples of other instances in which the NBC may adjudicate a Form I-485 to completion include cases reopened on service motion where the denial was issued by NBC, cases associated with litigation, or other time sensitive cases.

Q. My employment-based adjustment of status application is currently at the TSC or NSC. Do the published processing times for the TSC or NSC show how long it will take to process my application?

A. The TSC and NSC are responsible for adjudicating employment-based petitions. Upon approval of the petitions, adjustment of status applications in the first three employment-based preference categories are then generally sent to the NBC and are adjudicated by the Field Operations Directorate. Only a few adjustment applications in EB-1, EB-2, and EB-3, usually with complex fact patterns and extended procedural histories, will remain at TSC and NSC for adjudication. Since very few adjustment applications in the first three employment-based preference categories are being adjudicated at the TSC and NSC, while those service centers are actively adjudicating EB-4 adjustment applications, the published processing times for adjustment of status applications at those service centers do not provide applicants in those first three categories with relevant information to estimate how long it will likely take to process their applications. If you have a pending employment-based adjustment of status application in the first three categories, the agency-wide fiscal year to date median processing time, available on uscis.gov at Historic Processing Times , would be the most relevant processing time information.

Q. Will my application for adjustment of status be processed faster if I submit my employment-based petition separately and then submit the application for adjustment of status the following day?

A. No. Before the adjudication of an application for adjustment of status, the underlying employment-based petition must first be approved at the TSC or NSC. Applications filed for adjustment of status in the first three employment-based preference categories are sent to the NBC with their approved underlying employment-based petitions as part of the adjudication process, whether they are filed separately or concurrently. An adjustment of status application sent to the NBC cannot be adjudicated until the employment-based petition at the TSC or NSC has been adjudicated. For this reason, submitting the employment-based petition separately from the adjustment of status application does not result in an applicant receiving an earlier decision on their Form I-485.

Q. If I have more than one pending application for adjustment of status, and USCIS approves one of them, what does it do with the others?

A. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. (Added 10/26/2022)

Q. What does a “Case Remains Pending” message mean in the USCIS Case Status Online tool and is USCIS proceeding with the adjudication of applications displaying this message?

A. A “Case Remains Pending” message in the USCIS Case Status Online tool indicates that an officer reviewed the application and determined that it could not be approved on that date because DOS could not allocate a visa number. Once a visa number can be allocated, USCIS will resume the processing of the application but not every action that USCIS takes on an application results in a change in the message displayed in the online case status. If the applicant has submitted a transfer of underlying basis request, USCIS will continue processing that request and moving the application forward in the adjudication process. (Updated 03/22/2023)

Q. Why do some adjustment of status applicants see the status of their applications change to “Case Was Updated to Show Fingerprints Were Taken” in the USCIS Case Status Online tool when they had provided biometrics months earlier?

A. This notification is made automatically as a result of an internal update made to USCIS systems. For example, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022 and some applicants continue to see such automatic updates. USCIS received these applicants’ biometrics previously and still has them associated with their applications in its systems. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. (Updated 12/8/2023)

Q. Why do adjustment of status applicants who have lived in the United States for many years have to demonstrate that they are not inadmissible under the health-related grounds of INA 212(a)(1)?

A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are “admissible to the United States for permanent residence.” The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. (Updated 10/26/2022)

Q. Why does USCIS conduct interviews for employment-based adjustment of status applications when a visa is not currently available under the Final Action Dates chart in the Visa Bulletin?

A. USCIS conducts interviews for some employment-based adjustment of status applications even though a visa is not currently available under the Final Action Dates chart in the Visa Bulletin to ensure that USCIS can expediently approve those applications when a visa does become available and DOS has allocated an immigrant visa number. Visa availability is not the only consideration for the eligibility of an applicant for adjustment of status, and only after USCIS has determined in its discretion that an application is approvable do USCIS officers request a visa from DOS. In some cases, USCIS will issue written notices in the form of a Request for Evidence (RFE) to request initial or additional evidence to determine an applicant’s eligibility for adjustment of status. By conducting interviews before a visa is immediately available, officers can address any eligibility concerns and issue an RFE, if needed. If the applicant fails to demonstrate eligibility for adjustment of status, or that the applicant merits a favorable exercise of discretion, USCIS can deny the application. If the application is approvable but for the lack of an available visa, when a visa becomes available and DOS allocates the visa, USCIS can approve the application without an additional delay.

Q. Some noncitizens, particularly in the employment-based preference categories, have multiple pending adjustment of status applications. Can USCIS identify these in its inventory, and do the agencies take these multiple applications into account when setting the dates in the Visa Bulletin?

A. Yes, we can identify multiple adjustment of status applications filed by the same noncitizen (whether as a principal applicant or a derivative applicant) and do take them into account when collaborating with DOS on the Visa Bulletin. Generally, the volume of duplicate applications is very low and has minimal impact on the analysis. As of May 1, 2024, approximately 3% of the pending employment-based adjustment of status applications with USCIS were duplicates or multiple applications filed by the same noncitizen. For noncitizens chargeable to India, approximately 4% were duplicate applications. Narrowing it further to only EB-2 and EB-3 applications filed by noncitizens chargeable to India, approximately 5% were duplicate applications. Please note that these percentages apply to the entire inventory of pending employment-based adjustment of status applications with USCIS as of May 1, 2024, regardless of visa availability or priority date

Q. Does USCIS have a target value for employment-based adjustment of status inventory that carries over from one fiscal year into the next?

A. No, USCIS does not have a target value for its inventory of employment-based adjustment of status applications for the beginning of a fiscal year. While a reasonable volume of pending applications allows USCIS to maintain a steady pace of adjudications in the first quarter of a fiscal year, the volume that is pending merely reflects where applications may be in the multi-step adjudication process and general visa availability rather than the result of deliberately preparing inventory for the new fiscal year.

Q. Why does USCIS not adjudicate all pending adjustment of status applications where the applicants have available visas during a given month?

A. USCIS and its partners at DOS are committed to using all of the available employment-based visas during this fiscal year, as we are every year, but that visa use cannot happen within one month or even one quarter given statutory (in particular the quarterly limit of 27% found in INA 201(a)(2)) and operational limitations. Generally, visas are available under the Final Action Dates chart to more noncitizens than DOS and USCIS can approve within a given month or quarter due to operational considerations. When setting the Final Action Dates, the agencies consider a variety of factors, including but not limited to:

Q. I have a pending adjustment of status application based on an approved employment-based immigrant visa petition with an associated job offer. Must I work for the petitioning employer while my adjustment of status application is pending? Am I required to be working in the same occupational field as the job offer while my application is pending? Would a period of unemployment while my application is pending affect my eligibility for adjustment of status?

A. Noncitizens with pending adjustment of status applications are not required to work, or ever have worked, for their petitioning employer. An employer who petitions for a noncitizen worker is doing so prospectively. In other words, by filing the I-140 petition, the prospective employer declares their desire and intent to employ the noncitizen upon the noncitizen becoming an LPR. The noncitizen who is the beneficiary of the petition is not required to work for the petitioning employer before the petition is filed, while the petition is pending, or while the adjustment of status application is pending. However, when applying for adjustment of status, the applicant must demonstrate that the employer still intends to offer them the job and that they intend to accept the job when they become an LPR.

The noncitizen is not required to be employed in the occupational classification of the prospective job while their adjustment of status application is pending in order to be eligible for adjustment of status based on the petition.

Finally, a noncitizen with a pending adjustment of status application based on a prospective job offer may be unemployed while their adjustment of status application is pending and, depending on the facts involved, may remain eligible for adjustment of status. However, a period of employment in an occupational classification different from the prospective job or a period of unemployment may affect a noncitizen’s current immigration status and could raise doubts about the continued validity of the job offer and/or the noncitizen’s intention to accept the offered position after adjustment. (Added 9/15/2023)

Q. I have a challenging relationship with my petitioning employer, and I am worried that they may withdraw the petition. What effect would the withdrawal of the petition have on my petition, priority date, and pathway to adjustment of status?

A. The petitioner may request to withdraw a Form I-140 at any time. However, if the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days, or if an associated Form I-485 has been pending for at least 180 days, USCIS will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the Form I-140.

If you already have a Form I-485 that has been pending for at least 180 days, you may be eligible for portability under INA 204(j) based on a new job offer in the same or similar occupational classification.

If you have not yet filed Form I-485 or your Form I-485 has not been pending for at least 180 days, while you retain the priority date from the approved petition you would need a different Form I-140 petition filed and approved on your behalf in order to adjust status under the employment-based first, second or third preference categories.

Note: You have a right to be protected from retaliation regardless of your immigration status; for more information visit: https://www.worker.gov/ . Additional information regarding DHS support of the enforcement of labor and employment laws, including protection for noncitizen workers who report violations of labor law, may be found at DHS Support of the Enforcement of Labor and Employment Laws . (Updated 12/8/2023)

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Travel outside US while Perm is pending
Travel outside US while Perm is pending
Can You Travel With a Pending PERM Application?
Remember, travel with a pending PERM application is possible, but being informed and cautious is the key to protecting your future residency plans. Each individual case may differ, and the best course of action is to work closely with your employer and immigration attorney.
International Travel During PERM Process: Employee Regulations and
FAQ 1: Can I travel internationally while my PERM application is pending? Answer: Yes, you can travel internationally while your PERM application is pending, but it is important to plan your travel carefully. Timing is key, and you must maintain your legal immigration status throughout your stay in the U.S. and during any international travel.
Traveling After PERM Approval: Timeline for Filing I-140 Petition
As a rule of thumb, the I-140 petition should be filed as soon as possible, ideally immediately after the PERM approval. However, the mandatory time frame is that the I-140 needs to be submitted within 180 days of the PERM approval. It's important to note that during this period, if you are outside the country when the PERM is approved, your ...
Can You Stay in the United States While Your Labor PERM Is Pending
Generally, you can travel internationally while your PERM application is pending if you have a valid visa stamp and can maintain your status upon re-entry. However, some precautions are recommended: Carry PERM paperwork when traveling - Having PERM documents when re-entering the U.S. can explain international travel amid the green card process.
Travel Documents
Travel Documents
While Your Green Card Application Is Pending with USCIS
While Your Green Card Application Is Pending with USCIS
PDF FAQ: Travel Abroad while Petition or Application Pending
A. Traveling while a change of status petition is pending. The foreign national should not travel outside of the U.S. while a change of status petition is pending. A change of status, as the name implies, asks USCIS to change the person's status from A to B (for example F-1 to H-1B). Leaving the country will cause USCIS to consider the ...
Traveling While Permanent Residence is Pending
To get the right guidance and representation, you can reach our experienced attorney by dialing 914-481-8822. An attorney will provide you with information, representation, and legal travel guidance while your permanent residence application is pending.
Will I be able to continue traveling outside of the U.S. during the
The PERM process does not impact your ability to travel outside the United States. However, you must establish a separate means for obtaining a visa for reentry and should notify your immigration counsel as soon as possible when you know you will travel.. As always, please do not hesitate to contact Garfinkel Immigration Law Firm by phone at 704-442-8000 or via email with any additional ...
Traveling with a pending Form I-751
When a permanent resident has a pending I-751 application and plans to travel, it's crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website. To ensure a successful trip, make sure to carry the expired green card, the I ...
Can I Travel While My Green Card is Processing?
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Extending Your H-1B Status While Awaiting a Green Card. U.S. immigration law allows you to extend your H-1B visa past the six-year maximum if you are the beneficiary of an approved I-140 petition and the only reason you have not filed your green card application is because your priority date is not current. There is also a way to extend H-1B ...
Can you travel while PERM is pending? : r/h1b
In your case the PERM is completely unrelated to your non immigrant status and ability to travel. The PERM can take 14+ months. You just need to be here when the time comes to file for residency (I-485). No travel restriction for PERM or I140. I wanted to go to my homecountry this year to get my visa stamp with my wife but consular appointments ...
FAQs for Individuals in H-1B Nonimmigrant Status
USCIS Actions to Support Adjustment of Status Applicants ...
Traveling Out of the United States While Immigrant Application Pending
Yes, if you request permission to travel, by applying for advance parole. Otherwise, if you leave the country while your application for adjustment of status is pending, you will be deemed to have abandoned the application. You may file a request for advance parole (Form I-131) together with your Application for Adjustment of Status.
Travel while Permanent Residency is Pending
Travel while Permanent Residency is Pending
Visit Perm in Russia
In case you are traveling with children or simply want to relax and have fun, visit the Perm Zoo or take a walk in Park Gorkogo. Another place which should be on your Perm itinerary is Perm-36. This memorial center of the history of political repression is the only museum in Russia that includes preserved and reconstructed buildings of the camp ...
The Best Things to See and Do in Perm, Russia
Perm-36, a forced labour camp located 100 kilometres (62.1 miles) north-east of Perm, was one of the most prominent Soviet detention centres for political prisoners. It was operating until the 1980s. In the 1990s, a group of former inmates and Memorial, an NGO dedicated to helping victims of the Soviet regime, converted the camp into a museum ...
Perm
LLC "Anyday travel" (+7 921 327 30 40, from 8 a.m. till 9 p.m. GMT+3) Minsk, Yakuba Kolasa street, 73/2 - 19 ([email protected]) Registered by the Minsk Gorispolkom 9.03.2023 (TIN: 193676728) Quick Request. Buy train tickets from Perm to Moscow. Find train times and prices and plan your Perm - Moscow trip. Fast and simple online booking.
USCIS Extends Green Card Validity for Conditional Permanent Residents
USCIS Extends Green Card Validity for Conditional ...
1565 Driftwood Ln, Moscow Mills, MO 63362
1565 Driftwood Ln, Moscow Mills, MO 63362 is pending. Zillow has 1 photo of this 3 beds, 2 baths, 1,234 Square Feet single family home with a list price of $290,005.
Train Timetable for Moscow
Departure Date. Search tickets. First departure 00:35. Last departure 23:45. Trains per day 3 - 5. Price from 57.86 $. Fastest journey 19h 56m. Distance 1155 km.
Employment-Based Adjustment of Status FAQs
Employment-Based Adjustment of Status FAQs
35 Farischon Rd, Moscow, PA 18444
35 Farischon Rd, Moscow, PA 18444 is pending. Zillow has 6 photos of this 3 beds, 2 baths, 1,100 Square Feet single family home with a list price of $160,000.
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Judge John Judge of Idaho's 2nd Judicial District in Latah County granted a request for a venue change in the murder trial of the man accused of killing four University