Following its recent News Alert urging eligible applicants to switch employment-based categories, USCIS has issued guidance via its “Green Card for Employment-Based Immigrants” webpage on filing a request to transfer the underlying basis of an eligible Adjustment of Status application from the third preference category to the first or second.
USCIS may, in its discretion, grant a transfer request if the following criteria are met:
- You have continuously maintained eligibility for adjustment of status;
- Your adjustment of status application based on the original Form I-140 is still pending;
- You are eligible for the new immigrant category; and
- You have a visa immediately available in the new immigrant category.
Any request to transfer underlying basis must be made in writing.
Certain requests to transfer underlying may also require a completed Supplement J to confirm the validity of the job offered.
New Filing Location
USCIS has created a new centralized location for receipt of transfer requests that are accompanied by a Supplement J.
Additional Guidance from USCIS
- Submitting a new adjustment of status application is not required to transfer the underlying basis of a pending Form I-485 and will not result in faster adjudication of the benefit request.
- If requesting a transfer of underlying basis through the new address, medical examination forms should NOT be submitted with the request.
- If USCIS grants a request to transfer the underlying basis of your Form I-485 to a different employment-based category, the transfer request resets the 180-day clock for eligibility for the portability provisions of the American Competitiveness in the Twenty-First Century Act.