Adjustment of status

In plain terms: adjustment of status is how a sponsored worker who is already living in the U.S. gets the green card without leaving the country.

It’s available to workers who are in the U.S. in lawful status, for example on a student or other temporary visa, when their priority date allows it. The worker files Form I-485 with USCIS, attends a biometrics (fingerprint) appointment and sometimes an interview, and receives the green card by mail when it’s approved.

What it means for you: the employer’s job offer stays open when the worker files and while the application is pending. With EB3.work, the worker starts work for the employer once the green card is approved. Workers adjusting status are already in the U.S., often on a student visa or a temporary work visa with another company, and usually already have a Social Security number, so they can start as soon as their permanent residence is approved.

Form I-485

In plain terms: Form I-485, Application to Register Permanent Residence or Adjust Status, is the green card application a worker files with USCIS when they’re adjusting status inside the U.S.

The worker’s spouse and children under 21 file their own I-485 at the same time. It can be filed only when the worker’s priority date is current under the Visa Bulletin chart USCIS accepts that month. The worker, not the employer, files this form, but it relies on the employer’s approved I-140 and continuing job offer.

Employment authorization document (EAD)

In plain terms: an employment authorization document, often called a work permit, is a card from USCIS that shows a person is allowed to work in the U.S. for a set period.

A worker who has filed for adjustment of status can apply for one while the green card application is pending. With EB3.work, the worker starts work for the sponsoring employer once the green card is approved, not on the EAD.

Advance parole

In plain terms: advance parole is a travel permit from USCIS that allows the beneficiary to travel outside the U.S. and return while they’re waiting for their Form I-485 permanent residence application to be approved.

The beneficiary applies for it with Form I-131, usually at the same time as the I-485. Leaving the U.S. without advance parole while the I-485 is pending generally counts as abandoning the green card application.