USCIS Issues Guidance for Adjustment of Status To EB-1 and EB-2 Categories

USCIS Issues

The U.S. Department of State noted a considerable advancement for Indian nationals in the second preference category for employment-based visas in their July 2022 Visa Bulletin. In response to this, the U.S. Citizenship and Immigration Services (USCIS) encouraged eligible applicants to adjust the basis of their status applications either to priority worker (EB-1) or worker with advanced degrees or exceptional ability (EB-2) categories. This response is because the USCIS noted that there are more available employment-based immigrant visas in the EB-1 and EB-2 categories than usual.

Applicants are eligible for transfer only when meeting the following criteria:

  • Those applying for the transfer must have maintained their eligibility to adjust their status before they submit their request for the transfer.
  • The original Form I-140 is still pending, allowing for an adjustment of the status application. There can be no breaks in continuity.
  • The applicant must be eligible for the new immigrant category.
  • A visa must be immediately available in the immigrant category to which the applicant requests the transfer.

In a February 2022 policy alert, the USCIS clarified how applicants requesting either transfer with a Form I-140 that was previously filed and approved must include the I-485 Supplement J. This supplement confirms the validity of the offered job in the immigrant petition used for the transfer request.

The USCIS now has a new centralized location for accepting transfer requests accompanied by Supplement J. This location is the USCIS Western Forms Center. Individuals may send the form to the following address: Attn: I-485 Supp J, U.S. Department of Homeland Security, USCIS Western Forms Center, 10 Application Way, Montclair, CA 91763-1350 through the month of September.

The USCIS will send confirmations when receiving transfer requests accompanied by Supplement J, though it is unknown how long it will take for the Center to send receipt notices. The USCIS further reminds applicants to submit employment-based transfer requests without Supplement J forms in writing. Direct these requests to the office that has jurisdiction over pending Form I-485s. Individuals sending transfer requests with newly filed Form I-140s must send them to the appropriate filing location.

The USCIS has stressed that applicants requesting a transfer of underlying basis should not submit a medical examination form along with their request.

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