USCIS Sets Eight Conditions for Green Card Eligibility

The US Citizenship and Immigration Services (USCIS) has published eight conditions that foreign professionals holding at least a bachelor's degree must satisfy to qualify for a Green Card through the employment-based third preference (EB-3) immigrant category. This guidance is specifically for applicants already physically present in the United States seeking to adjust their status.

The conditions include properly filing Form I-485, being inspected and admitted or paroled into the US, being physically present at the time of filing, having an immigrant visa available, maintaining a job offer from the employer who filed Form I-140, being admissible for lawful permanent residence, and meriting a favorable exercise of USCIS discretion. USCIS clarified that workers who change employers after their Form I-140 approval are not automatically disqualified if the new job is in a similar occupational classification and the Form I-485 has been pending for at least 180 days.