USCIS Issues Instructions Regarding Transferring the Underlying Basis of a Form I-485 to a Different Employment-Based Immigrant Category

January 28, 2022

On January 21, 2022, U.S. Citizenship and Immigration Services (USCIS) posted instructions on its website regarding the process for transferring the underlying basis of a Form I-485 to a different employment-based immigrant category based on another Form I-140.  According to USCIS, it will, in its discretion, grant a transfer request from one employment-based preference category (e.g., EB-3) to another employment-based preference category (e.g., EB-2), if:

• Your adjustment of status application based on the original Form I-140 is still pending;
• You are eligible for the new immigrant category;
• You have a visa immediately available in the new immigrant category; and
• You have continuously maintained eligibility for adjustment of status;

A request to transfer a pending Form I-485 from one basis to another category must be made in writing.  USCIS has created a new mailing address (U.S. Department of Homeland Security, USCIS Western Forms Center, 10 Application Way, Montclair, CA 91763-1350) to handle these requests through the end of the current Fiscal Year (September 30, 2022).  USCIS will not provide a written response to transfer requests.  However, USCIS will issue receipt notices for the I-485 Supplement J, where applicable.

USCIS has also informed the public that there is a high number of employment-based visas available this fiscal year.  Specifically, there are many more visas available in the first and second employment-based categories than adjustment of status applications pending with USCIS. As a result, employment-based adjustment of status applicants awaiting adjudication based on their downgraded EB-3 I-140 immigrant petitions and who have either pending or approved EB-2 immigrant visa petitions can consider utilizing this interfiling process to increase the likelihood of the final adjudication of their Form I-485 application prior to September 30, 2022.

Please contact the attorney at LHSCD working on your case if you have any questions about transferring the underlying basis of your Form I-485 to a different employment-based immigrant category.   Or, to schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form.

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