Preparation considerations for employment-based applicants who may become eligible to file Form I-485

The October Visa Bulletin has not yet been released, and Visa Bulletin movement is difficult to predict. However, there are indications that some employment-based categories may advance with the start of the new federal fiscal year and the availability of a new annual allocation of immigrant visas. If your priority date is approaching the current cutoff date, now is a good time to assess your potential filing options and begin gathering the documents and information needed for Form I-485. Early preparation can help you file promptly if October brings favorable movement.

Confirm the Basis of the Case

Locate the Form I-140 approval notice and confirm the priority date, preference category, country of chargeability, and whether a spouse or child will file as a derivative. Each family member files a separate Form I-485 and generally needs separate supporting documents, a medical examination, photographs, and filing fees. Also review status maintenance, unauthorized employment, travel, arrests or citations, and prior immigration filings before the filing window opens.

When the bulletin is published, do not rely on the Department of State Visa Bulletin alone. Each month, USCIS announces whether employment-based applicants must use the Final Action Dates chart or the Dates for Filing chart. Check the USCIS Adjustment of Status Filing Charts before filing. Your priority date generally must be earlier than the applicable cutoff date for your category and country under the chart USCIS selects.

Understand the Employer’s Role in the Adjustment Filing

Unlike Form I-140 and most employment-based nonimmigrant visa petitions, Form I-485 is filed in the applicant’s own name rather than the employer’s name. However, an employment-based applicant generally cannot file Form I-485 entirely independently of the employer sponsoring the permanent position.

The Form I-485 must either be filed concurrently with the employer’s Form I-140 petition or be based on an approved or pending Form I-140. When Form I-485 is not filed concurrently with Form I-140, the filing generally must include Form I-485 Supplement J, signed by both the applicant and the I-140 petitioner, confirming that the permanent job offer described in the immigrant petition continues to exist. Applicants should therefore coordinate with the sponsoring employer before the filing window opens.

Gather Civil and Immigration Documents

Most employment-based adjustment applicants should begin collecting:

• Current and prior passport biographic pages, visa stamps, Forms I-94, approval notices, and employment authorization documents.
• A long-form birth certificate meeting the Department of State’s country-specific Visa Reciprocity and Civil Documents requirements, with a certified English translation if needed.
• If an acceptable birth certificate is unavailable, review I Do Not Have My Birth Certificate: What Do I Do to File Adjustment of Status (I-485)? Alternative evidence may be required.
• Marriage certificates, divorce decrees, and documents establishing relationships to derivative family members, as applicable.
• Certified court and police records for any arrest, charge, or citation, including dismissed or expunged matters, if applicable.
• Passport-style photographs prepared to current USCIS specifications. 2 photos are required for each of the forms I-485, I-765, and I-131, so an applicant planning to file all 3 should obtain 6 photos total.

Schedule the Medical Examination

Most applicants must submit Form I-693 completed by a USCIS-designated civil surgeon with Form I-485. Appointments and vaccination follow-up can take time. A properly completed Form I-693 generally remains valid for the duration of the Form I-485 case with which it is submitted, so there is no harm in obtaining the exam early, even if the visa bulletin does not enable you to file in October (the exam can generally be kept and used in a future I-485 filing). Keep the sealed medical packet unopened and follow counsel’s filing instructions.

Compile Biographic and Admissibility Information

Prepare a complete timeline and background record that includes:

• Residential addresses and employment/school history spanning the past 5 years, with month and year dates and no unexplained gaps.
• Parents, spouses, former spouses, and children, as applicable.
• Memberships, military service, arrests, citations, and other admissibility information requested by Form I-485.
• Immigration violations or adverse immigration history, including refused admission to the United States, visa refusals at a U.S. consulate, 221(g) administrative processing, unauthorized employment, or other violations of nonimmigrant status. These issues do not necessarily result in inadmissibility or prevent approval, depending on the circumstances. However, they must be accurately disclosed to avoid a potential finding of fraud or willful misrepresentation.
• Beginning September 18, 2026, applicants must also address a broader question concerning past receipt of means-tested public benefits. Review The New Public Charge Rule Takes Effect September 18: What Applicants Must Now Disclose on Form I-485 and discuss any potentially responsive benefits with counsel. A disclosure does not automatically establish public-charge inadmissibility, but an inaccurate answer can create a more serious issue.

Budget for Filing Fees

For a typical adult employment-based applicant filing by mail, the current fees are $1,440 for Form I-485, $260 for an adjustment-based Form I-765, and $630 for Form I-131 seeking advance parole. Fees are generally required for each applicant. Confirm the amounts on the USCIS Fee Schedule immediately before filing.

Adjustment filing fees may generally be paid by either the employer or employee. If the company’s policy is not settled, discuss who will cover government fees, legal fees, medical examinations, and dependent costs before the filing window opens.

Decide Whether to Apply for Advance Parole

Form I-131 is optional. USCIS will typically deny a pending advance-parole application if the applicant departs the United States before it is approved, even when the departure itself does not abandon Form I-485. If international travel is likely during the next 6 to 8 months, it may make sense to omit Form I-131 initially. An applicant eligible to return in valid underlying nonimmigrant status, such as H-1B or L-1 status, may travel using that status and apply for advance parole after returning.

This is case-specific. Applicants should confirm that they have the necessary visa and approval documentation, that the trip will not abandon Form I-485, and that readmission in the underlying status remains available. Applicants without an independent basis for reentry generally should not depart without approved advance parole.

Consider an EB-2 to EB-3 Downgrade

If EB-3 advances significantly beyond EB-2, a downgrade may create an earlier filing opportunity. This usually requires a new EB-3 Form I-140 using the same PERM labor certification, when the position and beneficiary qualify. It does not erase the EB-2 case, and the earlier priority date can generally be retained. Review Downgrading an I-140 Petition from EB-2 to EB-3: What Is It, Why, How, and When to Do It? and evaluate the timing, costs, and risk of later Visa Bulletin movement with the employer and counsel.

If You No Longer Work for the I-140 Petitioner

The original employer may still support Form I-485 if the approved I-140 has not been withdrawn or revoked and the employer continues to offer the permanent position for you to accept upon approval. The offer must remain genuine.

If that job is no longer available, a current employer may start a new PERM and Form I-140 process and generally retain the approved petition’s priority date. PERM processing has improved somewhat, but applicants should still plan on approximately 12 to 18 months for the PERM stage, with a potentially longer overall timeline. Starting early may preserve options if cutoff dates move quickly.

Prepare Before October

Confirm the strategy and family members filing, order missing documents, schedule medical examinations at the appropriate time, compile biographic and benefit histories, and decide who will pay each cost. A current priority date creates an opportunity to file, but it does not guarantee approval or that the filing window will remain open.

Disclaimer: This article provides general information and is not legal advice. Visa Bulletin movement, filing charts, fees, forms, and agency policies can change. Applicants should obtain advice based on their individual circumstances.

By: Rebecca Chen

Rebecca Chen is a Partner at Reddy Neumann Brown. Her representation includes advising clients throughout the non-immigrant and immigrant visa application process, from initial filing, responding to various requests for evidence, and processing at overseas consulates. Her years of experience in the immigration field have made her a knowledgeable resource for complex business immigration matters.