The United States Citizenship and Immigration Services (USCIS) has published eight conditions that foreign professionals holding at least a bachelor's degree must satisfy to obtain a Green Card through the employment-based third preference (EB-3) immigrant category. The guidance, released on the USCIS official website, applies to applicants already physically present in the United States who wish to adjust their status from within the country.
Conditions for EB-3 Green Card Eligibility
According to USCIS, a foreign professional with a bachelor's degree who is already in the US must meet all of the following conditions to be eligible for lawful permanent residence:
- Properly file Form I-485, Application to Register Permanent Residence or Adjust Status.
- Have been inspected and admitted, or inspected and paroled, into the United States by an immigration officer.
- Be physically present in the United States at the time of filing Form I-485.
- Be eligible to receive an immigrant visa.
- Have an immigrant visa immediately available both at the time of filing Form I-485 and when USCIS makes its final decision on the application.
- Have a job offer that still exists with the employer who filed Form I-140, Immigrant Petition for Alien Worker, on the applicant's behalf, and intend to accept that job once the Form I-485 is approved.
- Be admissible to the United States for lawful permanent residence, or be eligible for a waiver of inadmissibility or another form of relief.
- Merit a favourable exercise of USCIS discretion.
What Happens If You Change Jobs
USCIS noted that workers who switch employers after their Form I-140 has been approved are not automatically disqualified. Under section 204(j) of the Immigration and Nationality Act, an approved Form I-140 can remain valid for adjustment of status purposes if the new job falls within the same or a similar occupational classification as the original petition, and the Form I-485 has remained unadjudicated for at least 180 days.
For self-petitioners, the same principle applies: they must intend to work in the same or a similar occupational field as specified in their original Form I-140. USCIS also clarified that to be eligible to adjust status, an applicant must generally have entered the US after being formally inspected and either admitted or paroled, with limited exceptions outlined in the USCIS Policy Manual, Volume 7, Part B, Chapter 2.
Related Green Card Rules
In a related story, Legit.ng reported that the US had shared three conditions that foreign professionals must satisfy to get a Green Card without having a job offer. Additionally, Legit.ng previously reported that the US had released the five categories of family members who qualify for a Green Card. Under those rules, certain relatives of US citizens and lawful permanent residents can obtain lawful permanent resident status based on their specific family ties. Immediate relatives of US citizens, such as spouses, minor children, and parents, fall under a separate application process.
The USCIS guidance provides a clear framework for foreign professionals seeking permanent residence through employment, with specific procedural requirements and provisions for job changes, ensuring that applicants understand the full scope of eligibility criteria before filing.
