Wednesday, February 23, 2022

USCIS ISSUES GUIDANCE ON FILING REQUEST FOR “TRANSFER OF UNDERLYING BASIS”

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.

Filing Requirements

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.

Clients are encouraged to contact their MU attorney regarding any request for Transfer of Underlying Basis to ensure that this type of filing is handled properly.

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