DuPage County Employment-Based Status Lawyers

Legal Assistance with Adjustments to Employment-Based Immigration Status in Lombard and Bloomingdale

Foreign nationals who are present in the United States may apply for adjustment of status to an employment-based (EB) permanent resident visa. To initiate the process, the employer most often needs to file a Form I-140 Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS). Employment-based visa applications are complex and there are numerical limits based on the preference category for which you are applying. For this reason, it is important to work with a skilled immigration attorney to ensure your adjustment to employment-based status is processed smoothly.

At Mevorah & Giglio Law Offices, we have extensive experience with employment-based visas and all other matters related to immigration. Our award-winning lawyers regularly practice before USCIS and U.S. Immigration Customs Enforcement (ICE), and we have strong track record of success in dealing with these agencies. When processing an adjustment to employment-based status, we work closely with both the employer and employee to educate them on the process, what to expect and what requirements are necessary to secure a successful outcome.

Requirements for Adjustment to Employment-Based Status

To qualify for an adjustment of status to an EB visa, you must be physically and lawfully present in the United States and meet several other requirements. If the employee is outside the U.S., he/she must be processed through a consular overseas. Common scenarios in which a temporary resident might apply for permanent employment-based status include foreign nationals here on student visas or temporary H1B visas who receive a job offer from a qualified employer.

For an employer to sponsor a foreign national, they must usually meet the following requirements:

• The employer must be located in the U.S. (although they can be foreign-owed);
• The offer must be for a permanent, full-time position;
• The employer must obtain U.S. Department of Labor certification that there are no qualified American workers available to fill the position; and
• The employee must meet the minimum educational and/or vocational requirements for the position being offered.

Similar to applying for family-based status, there are preference categories for EB visas as follows:

• Priority workers (EB1);
• Persons with exceptional ability or holding advanced degrees (EB2);
• Skilled and professional workers (EB3); and
• Special Immigrants (EB4).

There are numerical limitations to each category, and processing times are dependent on the number of qualified applicants. In certain categories, waiting times may extend several years until your priority date is reached.

Maintaining Status while Your EB Visa Application is in Process

While your application for adjustment to employment-based status is being processed, it is important to do everything possible to maintain your temporary legal status. After you apply for adjustment of status, you are eligible to apply for an Employment Authorization Document (EAD) while you await the issuance of your EB visa. The EAD is valid for one year at a time and allows the applicant the flexibility to work for any employer during the processing period.

Another issue that sometimes arises is when a foreign national needs to travel outside the country, such as for a family emergency. For such instances, you can apply for an Advance Parole, which gives authorization to leave the country without going “out of status.” While the EAD and Advance Parole are helpful, we still usually recommend maintaining temporary non-immigrant status (such as by extending your H1B visa) while the EB visa application is processed.

Adjustment to employment-based status is a complicated process with multiple parties involved and numerous variables to account for. At Mevorah & Giglio Law Offices, we put our experience to work to help employers and EB visa applicants navigate these complexities and ensure there are no pitfalls that could jeopardize the success of the petition. For a free consultation with one of our experienced Illinois immigration lawyers, contact our office today at 630-932-9100630-932-9100.