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Home - Upgrades May Benefit Applicants with Pending Adjustment of Status (AOS)

Upgrades May Benefit Applicants with Pending Adjustment of Status (AOS)

Applicants with a pending adjustment of status (AOS) application based on an EB-3 immigrant petition, or even those whose US employers are willing to sponsor them through a PERM,  may want to consider filing a Self-Sponsored EB-1A or  Immigrant Petition before October 1, 2022, if eligible.

USCIS recently published guidance that there are an “exceptionally high number of employment-based visas available this fiscal year (October 2021 through September 2022).” Many more visas are available in the EB-1 and EB-2 categories, than pending AOS applications.

Applicants awaiting AOS adjudication based on an EB-3 immigrant petition may increase the likelihood of the final adjudication of their AOS application prior to the end of the government fiscal year on September 30, 2022, by:

  1. Leveraging the interfile process, requesting that USCIS transfer the AOS application from an underlying EB-3 petition, to an already approved EB-1 or EB-2 petition, or
  2. If you qualify, you may want to consider filing a self-sponsored EB-1A immigrant petition (Form I-140) and requesting that USCIS transfer the pending AOS application from the underlying EB-3 petition, to the new EB-1A Immigrant Petition. EB-1A petitions are eligible for premium processing, making them eligible for adjudication within 15 calendar days from submission. Once the EB-1A immigrant petition is approved, USCIS will adjudicate the AOS application.

Adjustment of Status may seem like a complex and daunting process. We’re happy to help simplify it for you. If you have any questions or concerns, please contact us at info@eoimmigration.com or call us at (305) 391-2105.