I-140 to I-485 are key forms in the employment-based green card process. I- 140 is an immigrant petition, which establishes the applicant’s eligibility for permanent residency. The I-485 is the application to adjust status, allowing the applicant to apply for a green card. The I- 140 is a prerequisite for filing the I-485, and it also assigns a priority date.
As a researcher, you typically qualify for permanent residency through one of these categories:
EB-2 NIW (National Interest Waiver): Self-petition without job offer or labor certification
EB-1A (Extraordinary Ability): Self-petition without job offer or labor certification
EB-1B (Outstanding Professor/Researcher): Requires employer sponsorship
Phase 1: I-140 Petition
1: Determine Your Category
- EB-1A: Must meet at least 3 of 10 criteria showing extraordinary ability
- EB-1B: Must meet at least 2 of 6 criteria plus have 3+ years of experience
- EB-2 NIW: Must demonstrate advanced degree/exceptional ability and that your work has substantial merit and national importance
2: Gather Documentation
- EB-1A/EB-1B: Publications, citations, awards, recommendation letters, evidence of peer review, conference presentations
- EB-2 NIW: Advanced degree certificate, publications, evidence of research impact, recommendation letters demonstrating national importance
3: Prepare and File I-140
- Complete Form I-140 with accurate personal and professional information
- Include all supporting documentation with well-organized cover letter
- Pay filing fee ($700 as of 2024)
- Self-petitioners (EB-1A/NIW) file directly; EB-1B petitions must be filed by employer
4: Track From I-140 Processing
- Receive receipt notice (I-797C) with case number
- Check processing times and status online
- Respond promptly to any Requests for Evidence (RFE)
- Wait for approval notice (I-797)
Phase 2: I-485 Adjustment of Status
1: Check Visa Bulletin
- Monitor monthly visa bulletin to determine when your priority date is current
- Priority date = date USCIS received your I-140 petition
- You can file I-485 when your category is “current” or your date is earlier than listed
2: Prepare I-485 Package
- Form I-485 (Application to Register Permanent Residence)
- Form I-765 (Optional – Employment Authorization)
- Form I-131 (Optional – Advance Parole for international travel)
- Medical exam (Form I-693) by USCIS-designated civil surgeon
- Passport-style photos and also
- Filing fees (I-485: $1,225 for adults; I-765/I-131: currently free when filed with I-485)
3: Submit Complete I-485 Package
- If priority date is current, file immediately after I-140 approval
- If visa numbers immediately available, you may file I-140 and I-485 concurrently
- Include copy of I-140 approval notice (unless filing concurrently)
- Submit all forms and supporting documentation
4: Biometrics Appointment
- Receive appointment notice for fingerprinting
- Attend appointment at designated Application Support Center and also
- Biometrics used for background checks
5: Review and Interview
- USCIS may waive interview for research-based petitions
- If required, prepare for interview with all original documents
- Answer questions truthfully about your research and immigration intentions
6: Final Steps
- Respond to any Requests for Evidence promptly
- Check case status online regularly and also
- If approved, receive approval notice and green card by mail
Special Considerations for Researchers
- Job Portability: After I-485 pending for 180+ days, may change employers if new position is in “same or similar” occupation
- Dependents: Spouse and unmarried children under 21 can be included on I-485 applications
- Concurrent Filing: If visa numbers available, can file I-140 and I-485 simultaneously
- Premium Processing: Available for some I-140 categories for faster processing (typically not available for I-485)
Keywords:
- I-140 to I-485 process
- EB1A green card steps
- EB2 NIW filing process
- Green card for researchers
- Adjustment of status I-485
- Form I-140 for academics
- USCIS green card filing timeline
- Immigration for PhDs
Read More About the Topic
External Links
I-140, Immigrant Petition for Alien Workers
Concurrent Filing of I-140 Petition and I-485 Application
Internal Links
Timeline Differences Between EB-1 and EB-2 NIW
Building Your Case: List of Documents Needed for EB-1A, EB-1B, and EB-2 NIW