USCIS Outlines 8 Requirements for Green Card Eligibility

The US Citizenship and Immigration Services (USCIS) has published eight requirements that foreign nationals holding skilled worker visas must meet to qualify for a Green Card through employment-based immigration. The requirements are applicable to individuals seeking to adjust their status to permanent resident under the EB-1, EB-2, or EB-3 categories.

The conditions include: 1) Properly filing Form I-485, the Application to Register Permanent Residence or Adjust Status; 2) Being physically present in the US at the time of filing; 3) Having been lawfully inspected and admitted or paroled into the US; 4) An immigrant visa must be available at the time of filing and when USCIS makes a final decision; 5) The job listed in the Form I-140 petition must still exist, and the applicant must intend to accept that role; 6) None of the applicable bars to adjustment apply; 7) The applicant must be admissible for lawful permanent residence or eligible for a waiver; 8) The applicant must merit a favorable exercise of USCIS discretion. Additionally, under Section 204(j) of the Immigration and Nationality Act, an approved Form I-140 can remain valid for adjustment if the new role is similar to the original petition and the Form I-485 has been pending for at least 180 days.