You applied in the U.S. for an EB-1 and it is approved. What happens next?
April Perez • November 3, 2022
If you file an EB-1 petition based on your extraordinary ability in your field, and it has been approved what happens next?
First congratulations are in order because that is great news!
Second you now need to gather up some documents and information to apply for Adjustment of Status.
The Adjustment of Status
application is the actual green card application or application for lawful permanent residence that has to be filed once your I-140 (EB-1) application has been approved. An application has to be filed for you, your spouse and any children who are applying with you in the U.S. Each application will consist of several forms including a form for the green card application, the form for the work permit application, and the application for travel document form, among other documents and possibly additional forms depending on what country you are from. Each application will have a separate filing fee for the forms that are included.
An important thing to keep in mind is that if you are currently in O visa status or some other nonimmigrant status in the U.S. once you file the green card application, you will no longer be able to travel on your current nonimmigrant visa status. You will need to wait to receive your Work Permit/Travel authorization card to travel while your green card application is pending. It is also not recommended that you travel frequently while your Adjustment of Status application is pending.
After filing the application, you will receive receipt notices for each form that was filed. You will later receive a biometrics or fingerprint appointment notice which will tell you the time and place at which you will need to appear to have your fingerprints taken. It takes several months to have a work permit/travel authorization to be issued, and in some cases the Lawful Permanent Residence Card (green card) may be received, and no work permit/travel authorization card may be issued. In some cases, USCIS may also schedule an interview for the applicant and their family members.
Once the person has received their approval notice for the Adjustment of Status application, they will then need to wait to receive their Lawful Permanent Residence Card (green card). It is important to not commit any crimes or do anything to violate your status while your Adjustment of Status application is pending and even after it has been approved, in order to avoid jeopardizing your status in the U.S.
If you believe you may qualify for an EB1, you should contact our office.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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