Stage Two of the EB-1A Application: Consular Processing Vs. Adjustment of Status

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Once your EB-1A is approved, you then must go through a second part of the application process. You need to choose whether to apply for Adjustment of Status to Permanent Residence with USCIS in the United States or whether to “consular process,” i.e. apply for an immigrant visa at a US consulate overseas. Please consult with Jane Orgel, Esq. to decide the better option for you.

Advantages of Adjustment of Status

    Adjustment of status is often faster than consular processing.

    In employment-based cases, there is usually no interview.

    Adjustment of Status does not require international travel.

    Attorneys can be present if an interview does occur. Clients have no right to attorney representation at many US consulates.

    Adjustment of Status does not require police certificates from all countries where the foreign national has lived for over six months.

    Employment-based adjustment applicants are not required to remain employed with their sponsoring employers if the USCIS does not adjudicate their application within 180 days.

    If there are USCIS delays in the application process, the foreign national may remain in the US and continue working.

Advantages of Consular Processing

    Upon filing an adjustment of status application, the foreign national may have restrictions on travel outside of the US.

    An application for Adjustment of Status may need to maintain valid status during the pendency of the Adjustment of Status application.

    If the family (spouse and children) of the foreign national are outside of the United States, it is often advantageous for the entire family to process their immigrant visa applications together at the US Consulate.