If you are eligible to file for an adjustment of status for a green card under an EB-1 petition, do it by July 31. On August 1, all foreign nationals will no longer immediately receive an EB-1 green card when they or their employers apply for permanent residency, according to the latest Visa Bulletin.

This is particularly important if you are here temporarily and you planned to stay by filing for adjustment of status before your current status expires. If you want to remain in the U.S. and get a work permit, you must file the adjustment of status while a visa is still available. For individuals from most countries, that means filing by July 31. Otherwise, you will need to apply for consular processing and obtain your immigrant visa abroad. That could mean waiting outside the U.S. for a year or longer.

Congress sets limits on the number of visas issued annually and by country of origin. For an individual to adjust status to legal permanent residency, an immigrant visa must be available to the applicant.

Starting next month, all foreign nationals—except those from China and India—and their sponsoring employers must wait for a green card unless they filed a petition before May 1, 2016. Individuals from China and India are already experiencing a long wait for an EB-1 green card: Currently, U.S. Citizenship and Immigration Services (USCIS) only reviews petitions for individuals from China and India that were filed before Jan. 1, 2012.

Contact the Alcorn Immigration Law team immediately if you need assistance.

 

EB-1 Green Cards

The EB-1 (Employment-Based First Preference) green cards are reserved for the highest-skilled immigrants. The EB-1 category includes three types of green cards:

• EB-1A Green Cards for Aliens of Extraordinary Ability, which allows individuals to file a petition without an employer sponsor.
• EB-1B Green Cards for Outstanding Researchers and Professors, which requires an employer sponsor.
• EB-1C Green Cards for Multinational Managers and Executives, which requires an employer sponsor.

 

Act Now

If you are eligible to file for an adjustment of status under an EB-1 petition, do so before July 31. The Alcorn Immigration Law team has deep experience petitioning for adjustment of status (Form I-485) with USCIS. We can get the job done quickly, minimizing complications.

If your visa status expires before more green cards become available when the new government fiscal year begins on Oct. 1, 2018, you will have to petition for a temporary visa or leave the U.S. If you leave the U.S., you must wait until the EB-1 delay has ended before going to a U.S. embassy or consulate for processing. 

 

We Can Help

The Alcorn Immigration Law team believes immigration leads to innovation. Contact us if we can help you file an adjustment of status for your EB-1 or find the best option for yourself or your employees based on your situation.