Foreign nationals working in the U.S. on temporary visas like H-1B or L-1 may be eligible to apply for lawful permanent residence (a green card) through a process called Adjustment of Status (AOS). This guide explains how employment-based visa holders can transition from temporary status to permanent residency without leaving the country.
What is Adjustment of Status (AOS)?
Adjustment of Status (AOS) allows eligible foreign nationals already in the U.S. to apply for a green card without returning to their home country for visa processing. This process is conducted entirely through U.S. Citizenship and Immigration Services (USCIS).
- AOS vs. Consular Processing: AOS is for applicants already in the U.S.; consular processing is for those applying abroad via a U.S. embassy or consulate.
- Key Form: Form I-485 is the central application used to adjust status to that of a lawful permanent resident.
Who Is Eligible to Adjust Status Through Employment?
To adjust status through an employment-based route, applicants must meet several requirements:
- Current non-immigrant status: Common examples include H-1B, L-1A, L-1B, O-1, and TN.
- Approved immigrant petition: Applicants must have an approved I-140, either from an employer or based on a self-petition.
- Lawful status maintenance: Applicants must have maintained continuous legal status in the U.S. (with very limited exceptions).
Eligibility by Employment-Based Category:
- EB-1: For individuals of extraordinary ability, outstanding professors/researchers, and multinational executives.
- EB-2: For professionals with advanced degrees or exceptional ability.
- EB-3: For skilled workers, professionals, and other workers.
How to Adjust Status Through an Employment-Based Petition
Here’s a simplified pathway for transitioning from a work visa to a green card through AOS:
- Labor Certification: Employer files PERM with the Department of Labor (for EB-2/EB-3).
- File Form I-140, the petition for immigrant workers.
- Check Visa Bulletin: Priority date must be current to proceed with I-485.
- Submit Form I-485: Application to adjust status.
- Attend Biometrics Appointment: USCIS collects fingerprints and photos.
- Interview: USCIS requires a face-to-face interview.
- Final Decision: Approval leads to receipt of green card.
Important Forms and Supporting Documents for Employment-based Adjustment of Status
To apply for AOS through employment, applicants typically need the following forms and documentation:
- Form I-140: Immigrant petition filed by employer.
- Form I-485: Primary adjustment of status application.
- Form I-765: Optional application for employment authorization while AOS is pending.
- Form I-131: Optional advance parole for international travel.
- Form I-693: Completed medical examination.
- Supporting documents: Passport, I-94, birth certificate, employment verification, and proof of maintenance of status.
Adjustment of Status for H-1B and L-1 Workers: What’s Different?
Both H-1B and L-1 visa holders are well-positioned to pursue AOS, but each category comes with its own nuances.
H-1B Visa Holders:
- Typically file under EB-2 or EB-3 categories.
- Can benefit from AC21 portability, allowing job changes after 180 days of I-485 filing.
- H-1B is a dual intent visa, making AOS a natural progression.
L-1 Visa Holders:
- L-1A executives/managers often qualify under EB-1C, which doesn’t require PERM.
- L-1B specialized knowledge workers usually file under EB-2 or EB-3 and require PERM.
- Also dual intent, making L-1 suitable for green card transition.
Common Challenges and How to avoid them?
Avoiding common pitfalls can significantly improve the chances of success:
- Falling out of status: Overstays or violations can bar AOS eligibility.
- Incomplete applications: Missing documents often lead to RFEs or denials.
- Employer withdrawal of I-140: Can derail the process unless 180 days have passed post-I-485 filing.
- Visa bulletin retrogression: May cause delays in final adjudication.
- Unlawful presence bars: Triggered in certain overstay scenarios—seek legal advice from a seasoned immigration attorney if this applies.
Adjustment of Status vs. Consular Processing for Employment-based Applicants
| Feature | Adjustment of Status (AOS) | Consular Processing |
|---|---|---|
| Location | Inside the U.S. | Outside the U.S. |
| Form Used | I-485 | DS-260 |
| Processing Time | 8–15 months (varies based on the USCIS office processing case) | 6–12 months (plus scheduling delays) |
| Interview Location | USCIS field office | U.S. Embassy or Consulate |
| Work Authorization While Pending | Yes (EAD) | No |
| Best For | Applicants lawfully present in U.S. | Applicants outside U.S. |
Need help with navigating Adjustment of Status?
Adjustment of status through employment is a powerful but complex path to lawful permanent residency. From understanding visa bulletin timing to avoiding costly delays, the process demands careful attention to detail.
Benach Pitney Reilly Immigration brings deep experience in handling employment-based AOS applications—whether you’re on an H-1B, L-1, or another temporary work visa. Our legal team offers tailored support to ensure your green card journey is smooth, timely, and compliant with the latest USCIS requirements.
Book a consultation today to take the next step with confidence.
Frequently Asked Questions
Can I work while my Adjustment of Status (AOS) application is pending?
Yes, if you file Form I-765 (Application for Employment Authorization) along with or after your Form I-485, you can receive an Employment Authorization Document (EAD). This card allows you to legally work in the U.S. while your AOS is being processed. If your temporary employment-based visa remains valid, you may also work for the employer who sponsored you on that visa.
What if my work visa expires while I’m waiting for AOS approval?
If you’ve filed Form I-485 and are awaiting a decision, you may remain in the U.S. lawfully—even if your original work visa expires—so long as your AOS application is pending and not denied. To continue working or traveling, you’ll need valid EAD and Advance Parole documents.
Is my spouse eligible for a green card too?
Yes. If your AOS petition is based on employment and your spouse is in the U.S. in valid status, they may file as a derivative applicant using Form I-485. Each family member must submit a separate adjustment of status application.
Can I switch employers while my AOS is pending?
In some cases, yes. If your Form I-485 has been pending for more than 180 days and your new job is in the same or similar occupational classification, you may be eligible to switch employers under the AC21 portability rule. Legal counsel is strongly recommended in these situations.