After the Employment-Based Immigrant Petition
How to Get a Green Card After EB1A, EB1B or NIW Approval
Understand what happens after or alongside Form I-140, including priority dates, visa availability, Form I-485 adjustment of status, concurrent filing, employment authorization, advance parole, consular processing, derivative family members and admissibility review.
Does I-140 Approval Grant a Green Card?
No. The applicant must still complete adjustment of status or immigrant visa processing.
Can I File I-485 Before I-140 Approval?
Sometimes. Concurrent filing may be permitted when a visa is immediately available and the applicant is eligible to adjust.
Can I Complete the Process Abroad?
Yes. Applicants outside the United States generally use immigrant visa processing through NVC and a U.S. consulate.
Do My Spouse and Children Qualify?
A spouse and qualifying unmarried children under 21 may generally apply as derivative beneficiaries.
An Approved I-140 Is Not the Green Card
Form I-140 establishes eligibility for an employment-based immigrant classification such as EB1A extraordinary ability, EB1B outstanding professor or researcher, or EB2 National Interest Waiver. Approval does not itself make the beneficiary a lawful permanent resident.
The principal applicant and each qualifying derivative family member must complete a separate permanent-residence process. A person physically present in the United States may seek adjustment of status through Form I-485 if eligible. A person processing abroad generally applies for an employment-based immigrant visa through the Department of State.
The applicant also must have an immigrant visa available and remain eligible and admissible through final adjudication. An approved petition does not resolve separate problems involving status violations, unauthorized employment, criminal history, fraud or misrepresentation, medical grounds, prior removal proceedings, unlawful presence or other legal issues.
Priority Dates and Visa Availability
Employment-based immigrant visas are numerically limited by preference category and country of chargeability. For EB1A, EB1B and NIW petitions, the priority date is generally the date USCIS properly receives Form I-140. The priority date determines the applicant’s place in line.
The Department of State publishes a monthly Visa Bulletin with a Final Action Dates chart and a Dates for Filing chart. For adjustment of status, USCIS announces each month which chart applicants must use to determine whether they may file Form I-485. The chart permitted for filing may differ from the chart that controls final approval.
Current
A category marked “C” is current, meaning qualifying applicants may proceed without a priority-date cutoff.
Before the Cutoff Date
The priority date generally must be earlier than the applicable published cutoff date.
Unavailable
A category marked “U” is unavailable for that month, so visas cannot be issued in the category.
Visa availability can change after filing. A properly filed I-485 may remain pending if the priority date later retrogresses, but USCIS generally cannot approve it until a visa is again available.
Two Ways to Complete the Employment-Based Green Card Process
The appropriate route depends on the applicant’s location, immigration history, current status, travel needs, family situation, risk profile and the processing option selected on or after the I-140 petition.
Adjustment of Status
Use Form I-485 while physically present in the United States, provided the applicant meets the statutory and procedural requirements.
Consular Processing
Use the Department of State immigrant-visa process through NVC and a U.S. embassy or consulate, followed by admission to the United States.
Form I-485 Adjustment of Status
Adjustment of status allows an eligible applicant who is physically present in the United States to apply to become a lawful permanent resident without completing the immigrant visa process abroad. Eligibility depends on more than having an approved or pending I-140.
Physical Presence and Entry
The applicant generally must be in the United States and have been inspected and admitted or paroled, subject to limited exceptions.
Visa Availability
A visa must be available under the applicable Visa Bulletin and USCIS filing-chart rules when required.
Adjustment Eligibility
Status, employment and other statutory adjustment bars must be examined, along with any applicable exception.
Admissibility
The applicant must be admissible or qualify for any available waiver or other relief.
Common Forms and Evidence
- Form I-485: the principal adjustment application for each applicant.
- Form I-693: immigration medical examination and vaccination record when required under current filing instructions.
- Form I-765: optional application for employment authorization based on the pending I-485.
- Form I-131: optional application for advance parole or other travel documentation, when appropriate.
- Form I-485 Supplement J: required in certain employer-sponsored cases to confirm a valid job offer or request portability; generally not used for EB1A or NIW self-petitions.
- Identity, immigration-history, admission, birth, marriage, petition-approval and visa-availability documentation.
- Certified dispositions and explanations for criminal, immigration or other potentially disqualifying history.
Concurrent Filing of Form I-140 and Form I-485
Concurrent filing means submitting Form I-485 together with Form I-140, or filing Form I-485 while Form I-140 remains pending. It is available only to applicants physically present in the United States who are eligible to adjust and whose immigrant visa is immediately available under the applicable filing chart.
Possible Advantages
Earlier I-485 filing may permit earlier applications for employment authorization and advance parole and may begin the adjustment-pendency period sooner.
Important Risk
If USCIS denies the underlying I-140 and no other basis supports the I-485, the adjustment application generally cannot be approved.
Strategic Review
Status maintenance, immigrant intent, travel, dependents, filing costs, evidentiary strength and visa retrogression should be considered before filing.
Concurrent filing is not available merely because an I-140 can be filed. The applicant must independently satisfy the timing and eligibility requirements for Form I-485.
Typical Employment-Based Adjustment Process
1
Confirm Filing Eligibility
Review visa availability, admission, status, adjustment bars, admissibility and the underlying immigrant petition.
2
Prepare the Filing
Submit Form I-485 and required supporting documents, medical examination and any optional I-765 or I-131 applications.
3
Receipt and Biometrics
USCIS issues receipt notices and may schedule biometrics for identity, background and security checks.
4
USCIS Review
USCIS may request additional evidence, schedule an interview, transfer the case or hold it while a visa is unavailable.
5
Final Decision
USCIS may approve only when the petition remains valid, the applicant remains eligible and admissible, and a visa is available.
Employment Authorization and Travel While Form I-485 Is Pending
Employment Authorization
A pending I-485 applicant may generally apply for an Employment Authorization Document using Form I-765. The applicant should not work without valid authorization.
Advance Parole
A pending applicant may apply for advance parole using Form I-131. Approval does not guarantee admission or eliminate other travel risks.
Abandonment Risk
Departing the United States while Form I-485 is pending without advance parole generally abandons the application unless a specific exception applies.
Do not assume that filing Form I-131 authorizes travel. The applicant generally should wait until the travel document is approved and should review whether departure could trigger unlawful-presence, admissibility, status or consular-processing consequences.
Status Violations, Unauthorized Employment and INA § 245(k)
Employment-based adjustment applicants can be barred from adjustment because of failure to maintain lawful status, unauthorized employment or other immigration violations. An approved I-140 does not erase those problems.
INA § 245(k) provides a limited exemption from certain adjustment bars for qualifying employment-based applicants whose covered violations after their most recent lawful admission do not exceed 180 days in the aggregate. The calculation is technical and does not waive every ground of ineligibility or inadmissibility.
Applicants with any lapse in status, unauthorized employment, SEVIS termination, failure to comply with nonimmigrant terms, or uncertainty about admission and parole history should obtain an individualized review before filing Form I-485.
Changing Employment or Plans While the Case Is Pending
A change in employment does not have the same effect in every category. EB1B is employer sponsored and depends on the qualifying offer and petitioner. Certain employer-sponsored applicants whose I-485 has been pending at least 180 days may request portability to a new job in the same or a similar occupational classification if the statutory requirements are met.
EB1A and NIW are self-petition classifications, but the applicant must continue to intend to work in the area of extraordinary ability or advance the proposed NIW endeavor. A material departure from the work described in the I-140 may create questions about continuing eligibility.
Before changing employers, occupations, research areas or business plans, review the I-140 classification, the pending I-485, portability rules, Supplement J requirements and the evidence originally submitted.
Employment-Based Immigrant Visa Processing Abroad
Applicants outside the United States generally complete immigrant visa processing through the Department of State. Applicants in the United States may also choose consular processing, but departure and timing should be evaluated carefully.
1. Petition Approval
USCIS approves Form I-140 and routes an eligible consular-processing case to the National Visa Center.
2. NVC Case Creation
NVC creates the case and issues instructions when processing can begin based on visa availability.
3. Fees and DS-260
The applicant pays required fees and submits Form DS-260 for each immigrating family member.
4. Civil Documents
The applicant submits required identity, birth, marriage, police, court, military and other documents as applicable.
5. Document Review
NVC reviews the submissions and determines whether the case is documentarily complete.
6. Interview Scheduling
An interview is scheduled when a visa is available and the designated embassy or consulate has appointment capacity.
7. Medical and Interview
Each applicant completes the required medical examination and attends the consular interview.
8. Visa and Admission
After visa issuance, the principal applicant enters before or with derivatives and becomes a permanent resident upon admission.
Consular officers may request additional documents, return a petition to USCIS, find an applicant inadmissible or place a case in administrative processing. Applicants should not make irreversible travel, employment or property decisions until the immigrant visa is issued.
Adjustment of Status vs. Consular Processing
| Issue | Form I-485 Adjustment | Consular Processing |
|---|---|---|
| Applicant’s location | Physically present in the United States | Usually outside the United States |
| Primary agency | USCIS | Department of State, NVC and U.S. embassy or consulate |
| Main application | Form I-485 | Form DS-260 |
| Interview | USCIS may waive or schedule an interview | Consular interview generally required |
| Work authorization while pending | May apply for an EAD | No U.S. adjustment-based EAD |
| Travel while pending | Departure can abandon the I-485 without proper authorization or an exception | Applicant generally remains abroad until visa issuance and travel |
| Status violations | May create adjustment bars, subject to limited exceptions | Adjustment bars do not apply in the same way, but unlawful presence and other inadmissibility issues may arise |
| Administrative processing | USCIS security and background review | Consular administrative processing can delay visa issuance |
| Completion | Permanent residence begins on I-485 approval | Permanent residence generally begins upon admission with the immigrant visa |
| Best option | Depends on eligibility, status, travel needs, risk and location | Depends on location, eligibility, timing, risk and consular circumstances |
Neither route is universally better. The decision should be made before or during I-140 processing when possible, with attention to immigration history, family logistics, travel, employment, visa availability and potential admissibility issues.
Spouse and Children as Derivative Beneficiaries
The principal beneficiary’s spouse and unmarried children under 21 may generally seek the same employment-based immigrant classification as derivatives, if the qualifying relationship exists and each person remains eligible and admissible.
Separate Applications
Each derivative files a separate Form I-485 or Form DS-260 and submits individual civil, medical and admissibility documentation.
Accompanying or Following to Join
Family members may process with the principal or later, subject to continued eligibility, visa availability and procedural requirements.
Age-Out Risk
Children approaching age 21 require early analysis. The Child Status Protection Act may protect some applicants, but its calculations and deadlines are technical.
Principal Applicant First
In immigrant visa processing, the principal generally must enter the United States before or at the same time as derivative family members.
Marriage, divorce, a child’s marriage, a child’s age, the principal applicant’s death, or a change in immigration category can materially affect derivative eligibility.
Admissibility and Adjustment Eligibility Review
The petition stage normally focuses on whether the person qualifies for the employment-based category. The I-485 or immigrant visa stage examines whether the person may actually become a permanent resident.
Criminal and Controlled-Substance History
Arrests, charges, convictions, admissions and foreign offenses require analysis even when a case was dismissed or expunged.
Fraud or Misrepresentation
Prior visa applications, border encounters, immigration filings, employment records and inconsistent statements may create serious issues.
Status and Unlawful Presence
Overstays, unauthorized employment, status violations and departure after unlawful presence can affect the available route.
Medical Grounds
Applicants must complete the required medical examination and vaccination review and may face communicable-disease, vaccination or other medical issues.
Prior Removal or Immigration Orders
Removal, deportation, expedited removal, voluntary departure and in absentia orders can affect eligibility and required permissions.
J-1 Two-Year Requirement
A person subject to INA § 212(e) generally must satisfy or waive the foreign-residence requirement before adjustment or immigrant visa issuance.
Do not file based only on an approved I-140 when a possible inadmissibility or adjustment problem exists. Some grounds have waivers; others do not, and eligibility can depend on the applicant’s exact history and qualifying relatives.
What Happens After Green Card Approval?
After I-485 Approval
USCIS grants lawful permanent residence as of the approval date and produces the Permanent Resident Card.
After Immigrant Visa Issuance
The applicant pays any required USCIS immigrant fee, travels before the visa expires and seeks admission as a permanent resident.
Card and Social Security Records
The resident should confirm delivery information, review the card for errors and update Social Security records when necessary.
Maintain Permanent Residence
Extended travel, abandonment, criminal conduct, tax treatment and failure to remove conditions when applicable can affect status.
Most EB1A, EB1B and NIW residents receive ordinary permanent residence rather than two-year conditional residence. The resident should nevertheless preserve important approval and immigration records and understand naturalization and travel requirements.
Common Employment-Based Green Card Problems
- Assuming I-140 approval automatically grants permanent residence
- Filing Form I-485 under the wrong Visa Bulletin chart
- Failing to include the current required medical documentation
- Traveling while the I-485 is pending without proper authorization
- Working without valid employment authorization
- Ignoring status violations or unauthorized employment
- Failing to disclose arrests, citations or prior immigration problems
- Using inconsistent information across I-140, I-485 and DS-260 filings
- Changing jobs or endeavors without reviewing the effect on the petition
- Allowing a derivative child to approach age 21 without CSPA analysis
- Missing NVC notices or document requirements
- Making permanent plans before an immigrant visa is actually issued
Start With the Correct Employment-Based Classification
The permanent-residence process depends on a valid immigrant petition. Review the legal requirements for each principal classification before deciding how and when to complete the green card stage.
EB1A Extraordinary Ability
Self-petition option for qualifying individuals with sustained acclaim.
Review EB1A requirements.
EB1B Outstanding Researcher
Employer-sponsored option for qualifying professors and researchers.
Review EB1B requirements.
EB2 National Interest Waiver
Self-petition option based on EB2 eligibility and a qualifying proposed endeavor.
Review NIW requirements.
Approved Case Examples
Review anonymized examples without treating past results as a guarantee.
View approved cases.
Frequently Asked Questions About the Green Card Process
What happens after my I-140 is approved?
You must still obtain permanent residence through Form I-485 adjustment of status or employment-based immigrant visa processing. A visa must be available, and you must remain eligible and admissible.
Can I file Form I-485 while my I-140 is pending?
Sometimes. Concurrent filing may be permitted when you are physically present in the United States, eligible to adjust and a visa is immediately available under the chart USCIS designates for that month.
Can I file I-485 if my priority date is not current?
You may file only when your priority date is eligible under the Visa Bulletin chart USCIS authorizes for filing that month. Final approval generally requires visa availability under the Final Action Dates chart.
Does an approved I-140 give me lawful status?
No. I-140 approval does not itself grant nonimmigrant status, employment authorization, protection from removal or permission to remain in the United States.
Can I work after filing Form I-485?
A pending I-485 does not by itself authorize employment. You must have independent work authorization or an approved Employment Authorization Document.
Can I travel after filing Form I-485?
Travel can abandon the application unless you obtain advance parole or qualify for a specific exception. Review unlawful presence, status and admission risks before leaving.
Can I choose consular processing after initially selecting adjustment of status?
A change may be possible, but additional procedures, including Form I-824 in some situations, may be required. The timing and travel consequences should be reviewed before changing routes.
Can I adjust status after unauthorized employment or a status violation?
Possibly, depending on the category, the type and duration of the violation, the most recent lawful admission and whether a limited exception such as INA § 245(k) applies.
Can my spouse work while our I-485 applications are pending?
A derivative spouse may generally apply for employment authorization based on a pending I-485, but may not work until valid authorization exists.
What happens if my child turns 21?
The child may age out of derivative eligibility unless protected by the Child Status Protection Act. The calculation and seek-to-acquire requirement should be reviewed early.
Does consular processing avoid all immigration-status problems?
No. Adjustment bars and consular inadmissibility rules are different, but unlawful presence, fraud, criminal history, prior removal and other grounds may still prevent visa issuance.
Can a lawyer guarantee green card approval after I-140 approval?
No. The petition, visa availability, adjustment or visa eligibility, admissibility, background checks and government discretion all affect the final outcome.
Official Green Card Process Resources
Review the USCIS pages for adjustment of status, concurrent filing, monthly adjustment filing charts, and the Department of State pages for the Visa Bulletin and employment-based immigrant visas. Forms, fees, filing locations and procedures change, so verify current official instructions before filing.
Review the Entire Green Card Strategy Before Filing
A strong I-140 petition is only one part of the process. The final strategy should address priority dates, adjustment or consular processing, status and travel, derivative family members, admissibility, and the continuing validity of the employment-based classification.
This page provides general information and is not legal advice. Government forms, policies and procedures may change. Prior results do not guarantee or predict a similar outcome. Submitting an inquiry does not create an attorney-client relationship.