In this article, we will be discussing the processing time for employment-based I-485 applications in the United States. This visa category allows foreign nationals to adjust their status to permanent resident status while already living and working in the U.S. through their employment. We will explore the average processing time for this application, factors that may affect processing time, and tips for expediting the process.
Overview of Employment-Based I-485
Employment-Based I-485 is a green card application for foreign nationals living in the United States who have a job offer from a U.S. employer. This application allows individuals to adjust their status from a non-immigrant visa holder to a permanent resident.
Types of Employment-Based I-485
There are several types of Employment-Based I-485, including EB-1, EB-2, EB-3, and EB-4. Each category has its own criteria, and each has different processing times.
EB-1
EB-1 is reserved for individuals who are considered to have extraordinary ability in the sciences, arts, education, business, or athletics. The processing time for this category is generally faster than other categories, with an average of 4 to 6 months.
EB-2
EB-2 is for individuals who hold advanced degrees or have exceptional ability in the sciences, arts, or business. The processing time for this category is longer than EB-1, with an average of 12 to 18 months.
EB-3
EB-3 is for individuals with bachelor’s degrees, skilled workers, or unskilled workers. The processing time for this category can vary greatly, from 1 to 3 years.
EB-4
EB-4 is for special immigrants, including religious workers, broadcasters, and employees of international organizations. The processing time for this category can also vary greatly, from 6 months to 3 years.
Factors Affecting Processing Time
Several factors can affect the processing time of an Employment-Based I-485 application.
One key takeaway from this text is that the processing time for an Employment-Based I-485 application depends on several factors, including the type of application, USCIS workload, background checks, and the Visa Bulletin. It is important for applicants to check the estimated processing times on the USCIS website and monitor the status of their application to ensure timely processing. Additionally, providing all requested evidence and ensuring a clean background check can help expedite the process.
USCIS Workload
The workload of the United States Citizenship and Immigration Services (USCIS) can significantly affect processing times. If there is a backlog or if the USCIS is experiencing a high volume of applications, processing times can increase.
Background Checks
USCIS conducts background checks on all green card applicants, which can also affect processing times. If additional information is needed or if an applicant has a criminal record, processing times can be delayed.
Request for Evidence
USCIS may request additional evidence to support an Employment-Based I-485 application. If an applicant fails to provide the requested evidence, processing times can be delayed, or the application may be denied.
Visa Bulletin
The Visa Bulletin is a monthly publication by the U.S. Department of State that provides information on visa availability. If a particular category has a high demand, processing times can be delayed until more visas become available.
How to Check Processing Time
USCIS provides estimated processing times for each type of Employment-Based I-485 application on their website. Applicants can enter their receipt number to check the status of their application and see if processing times have changed.
FAQs for Employment Based I-485 Processing Time
What is an Employment Based I-485 Application?
An Employment-Based I-485 is an application for permanent residence based on employment. It is submitted by foreign nationals who are already in the United States and seeks to adjust their immigration status from nonimmigrant (temporary) to immigrant (permanent) status.
How long does it take to process an Employment Based I-485 Application?
The processing time for an Employment-Based I-485 application varies based on several factors, including the number of applications received by USCIS, the complexity of the case, and any delays in obtaining required documentation. Currently, USCIS estimated processing time for Employment-Based I-485 Applications is approximately 8 to 14 months.
Can I expedite the processing of my Employment-Based I-485 Application?
In some cases, USCIS may offer to expedite the review of Employment Based I-485 Applications for an additional fee. However, not all applications will qualify for expedited processing. Situations that may qualify for expedited processing include humanitarian emergencies, health issues, or urgent business needs.
How can I check the status of my Employment-Based I-485 Application?
Applicants can check the status of their Employment-Based I-485 Application by visiting the USCIS website and entering their receipt number. USCIS will provide updates on the processing of the application, including any Request for Evidence or decision notices.
What happens after my Employment-Based I-485 Application is approved?
If your Employment-Based I-485 Application is approved, USCIS will issue a Permanent Resident Card (Green Card) to confirm your new status as a lawful permanent resident. You will be able to live and work permanently in the United States and apply for citizenship after meeting specific residency and other eligibility requirements.
