Changes to Employment-Based Green Cards
Good news for foreign nationals trying to obtain an employment-based green card. On July 31st, the INS announced that they will now accept simultaneous filings of the I-140, the underlying petition for an employment-based immigrant visa, and the I-485, the permanent residence application if the visa number is available. In addition to new applications, I-140s that are currently pending fall under the new concurrent filing rule. However, the alien must include proof of the pending I-140 petition. A copy of their I-797, or Notice of Action, must accompany the I-485 filing.

The change will eliminate a frustrating process because previous INS policy did not allow the I-485 to be submitted until the I-140 had been approved. This new rule could decrease the whole green card process by up to one year. Concurrent filing could also make it easier to avoid falling out of status. Also, as a significant benefit, once the I-485 is filed, the applicant can then file all necessary travel and work authorization requests as part of the adjustment application. In addition, an I-485 can be submitted for eligible family members of the immigrant, including spouse and children.