July 31, 2002

Employment Based Immigrant Petitions Can Be Filed With the Adjustment of Status Applications

The INS issued a new rule today that it will now accept concurrent filings of the Immigrant Petition (Form I-140) with the Adjustment of Status Application (Form I-485). The rule is effective immediately. The concurrent filing will be allowed where an immigrant visa is immediately available for the individual. The employment authorization and advance parole applications may also be filed with the adjustment of status application. INS hopes this will improve the efficiency with which INS is able to provide benefits to these applicants.

For those individuals with an immigrant petition currently pending, they may now file an adjustment of status application if a visa number is immediately available. The filing must include the receipt notice for the immigrant petition to demonstrate that it was previously filed and received by INS.

In the instance where the immigrant petition was filed and a visa number was not immediately available at the time of filing, but a visa number is now available, the adjustment of status application may be filed with a copy of the receipt notice for the immigrant petition.

  Federal Register: Allowing in Certain Circumstances for the Filing of Form I–140 Visa Petition Concurrently With a Form I–485 Application (PDF/52 kb, 4 pages)