News & Insights

1. Eligibility for Adjustment of Status:

Adjustment of status refers to changing your immigration status from within the U.S. to that of a lawful permanent resident. While an employer may sponsor you for a green card, specific criteria must be met:

• Legal Entry Requirement: You must have entered the U.S. lawfully (e.g., with a valid visa). If you entered unlawfully, adjustment through employer sponsorship may not be possible unless you qualify for an exception like Section 245(i) of the Immigration and Nationality Act (INA).
• Visa Availability: An immigrant visa number must be available to you based on the employment-based category under which your employer sponsors you. Popular categories include EB-2 (advanced degree or exceptional ability) or EB-3 (skilled workers).
• Pending Asylum Case: Having a pending asylum application does not disqualify you from pursuing adjustment of status, but the two processes do not merge. You can simultaneously pursue asylum and an employment-based green card.

2. Steps for Employer-Sponsored Adjustment:

• Labor Certification (PERM): Your employer must complete the Department of Labor’s PERM process to certify that no qualified U.S. worker is available for the job and that your hiring won’t negatively affect local wages.
• Filing of I-140: Once the PERM is approved, your employer files Form I-140, Immigrant Petition for Alien Worker, to sponsor you for permanent residency.
• Filing of I-485: If you are eligible to adjust status, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This step requires you to maintain eligibility and lawful presence (e.g., through asylum or work authorization).

3. Challenges for Asylum Seekers:

• Unlawful Presence: If you were unlawfully present in the U.S. before applying for asylum or if asylum was not filed within one year of entry, adjustment could face additional barriers unless you qualify for waivers or exceptions like 245(i).
• Dual Intent Considerations: Pursuing a green card while seeking asylum is legally permissible, but it may require careful documentation to ensure that all petitions align with U.S. immigration law.

4. Alternatives if Adjustment Isn’t Possible:

• Consular Processing: If adjustment of status in the U.S. isn’t possible due to unlawful entry, you may need to process your green card application through a U.S. embassy abroad. This may, however, trigger reentry bars if you accrued unlawful presence.
• Other Pathways: Maintain your asylum application while exploring employment-based visas like H-1B or O-1 if you meet the qualifications.

5. Consulting an Immigration Attorney:

The intersection of employment-based green cards and asylum is complex. An immigration attorney can:

• Evaluate your eligibility for adjustment of status.
• Guide your employer through the sponsorship process.
• Help you avoid complications, such as inadmissibility or denial risks.

8. Begin the Path to Citizenship

• Travel Restrictions:
  • Avoid travel to your home country if you fear persecution there, as this could jeopardize your asylum status.
  • Use a Refugee Travel Document (Form I-131) if you need to travel outside the U.S.