Are you a non-immigrant employee working in US, dreaming of making it your home? Get yourself a green card via employment based visa. Adjustment of Status (AOS) is a procedure that allows an eligible applicant to become a lawful permanent resident of the United States without having to go abroad and apply for an immigrant visa.
For employees to attain the permanent status through employment based visa, an immigrant petition of alien worker I-140 needs to be filled for you by your employer. This petition states that your employer is willing to support you working in USA for him. If you are self employed, an entrepreneur investing in the USA market, you can file the petition on your own behalf.
Outstanding achiever, followed by advanced degree holders and professionals is the preference given for granting the permanent status to the employees. Other personal factors which include state of residence, financial position and history also play a role.
The eligibility criteria for obtaining the Adjustment of Status, needs you to be present in the USA at the time of filing the petition. If you have entered the country without a visa, have violated terms of immigration you cannot file for an Adjustment of Status petition. If you do not wish to see your AOS petition abandoned, you need to apply for an advanced parole before leaving the country. If you are currently employed in the country without authorization and are staying in the country illegally, you are not eligible for an Adjustment of Status.
To determine if the physical and mental condition of applicant for Adjustment of Status is consistent with the US admissibility criteria, medical examinations are a must for employees. The documents needed by a person opting for AOS under the employee category are, employers letter stating the salary, copy of labor certificate, degree certificate, a copy of USCIS approved I- 140, photographs, documents showing your temporary status, your arrival documents, birth certificate and of course the prescribed fees including the biometric service fees for your fingerprints.
The next step is to go on the interview, which is a meant to verify your information and to see if you are fit to reside in the country permanently. Even after you have your petitioned approved, you still are not a green card holder, if you do not get your passport stamped. You can get it done at the local USCIS office, after taking an appointment. For the dependent, another appointment needs to be scheduled. You’ll get your green card a few weeks after this; you’ll also need to update your social security card, making you a US immigrant.
In case of change in employment, the Adjustment of Status petition should be previously filed and the new employment should be similar to the previously approved.