Skip to Content
News

Your Filing Window Is Opening: What Documents to Gather for Your Employment-Based Green Card

Every October, the start of the federal fiscal year brings a fresh allocation of immigrant visa numbers, and with it the possibility of real movement in the Visa Bulletin. For many employment-based applicants who have waited months or years for their priority dates to become current, the October 2026 Visa Bulletin may finally open the door to filing Form I-485, Application to Register Permanent Residence or Adjust Status. That opportunity can be fleeting. Cutoff dates can stall or retrogress with little warning, and an applicant eligible to file one month may find the window closed the next. The applicants best positioned to act on a current priority date are those who have assembled their documents before the bulletin is published, not after.

Below, we walk through the documents we ask our clients to gather as they prepare to file. Some are required by the Form I-485 instructions. Others we routinely provide because they create a complete, consistent record that anticipates the questions an adjudicator or interviewing officer is likely to ask. With in-person interviews back for employment-based applicants and Requests for Evidence (RFEs) on the rise, a thorough initial filing is the most effective protection against delay.

Confirming the Job Offer: Form I-485 Supplement J

If you are filing your I-485 based on a Form I-140 that was previously filed and approved, rather than concurrently with the I-140, you will need Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). Supplement J is signed by your sponsoring employer and confirms that the permanent job offer underlying your I-140 remains available to you. It is also the vehicle for requesting portability under INA § 204(j) if your I-485 has been pending 180 days or more and you have moved to a same or similar position with a new employer.

Because Supplement J requires the employer’s signature and specific details of the offered position, including the job title, occupational classification, wage, and work location, coordinate it with your employer’s HR or immigration contact well before your filing date. Applicants whose petitions do not rest on a job offer, such as EB-1A extraordinary ability and EB-2 National Interest Waiver self-petitioners, generally do not need Supplement J.

Identity and Nationality: Passport, Visa, and Birth Certificate

Your current passport, including the biographic page and every U.S. visa it contains, establishes your identity and nationality and documents your manner of entry. If your most recent visa is in an expired passport, provide copies of that passport as well. An expired visa is not a problem in itself; what matters is that the record shows how and when you entered.

You must also provide your birth certificate. If it is not in English, include a complete English translation with the translator’s certification that he or she is competent to translate the language and that the translation is complete and accurate, as 8 C.F.R. § 103.2(b)(3) requires. Where a birth certificate is unavailable, or was registered long after birth, secondary evidence may be required. That situation is far better addressed now than in response to an RFE.

Family Relationships: Marriage Certificate

If your spouse will file as a derivative, include your marriage certificate with a certified English translation. If either spouse was previously married, include evidence that each prior marriage legally ended, such as a divorce decree, annulment record, or death certificate. A derivative spouse’s eligibility depends entirely on the validity of the marriage, and a missing decree from a prior marriage is one of the most common, and most avoidable, reasons for an RFE.

Each derivative child likewise needs his or her own birth certificate. Remember that every family member files a separate I-485 with separate supporting documentation.

Your U.S. Immigration History: I-94s, Approval Notices, I-20s, and EADs

An adjustment applicant must generally show a lawful admission and, in most employment-based categories, maintenance of lawful status. Your immigration history is the heart of that showing. We ask clients to provide:

  • their most recent electronic I-94 record, downloaded from the CBP website;
  • every Form I-797 approval notice they have received, including H-1B, L-1, O-1, extension, and change-of-status approvals, as well as the approved I-140 itself;
  • all Forms I-20, for anyone previously in F-1 status;
  • all Forms DS-2019, for anyone who held J-1 status, so we can confirm whether the two-year home residency requirement applies;
  • copies of every Employment Authorization Document (EAD) they have held, front and back, including OPT and STEM OPT cards.

Together, these documents let us confirm that there are no unexplained gaps in status and that your history matches what you will attest to on the I-485. If you notice a gap, an overlap, or an I-94 that does not match your approval notice, raise it with your attorney now. INA § 245(k) forgives up to 180 days of status violations for many employment-based applicants, but only if the issue is identified and analyzed before filing.

Military Service

If you have ever served in the military, in the United States or any other country, provide your service and discharge records. The I-485 asks directly about military, police, and other armed service, and your answers should be complete and documented from the outset.

Criminal History: Certified Court Dispositions

If you have ever been arrested, cited, or charged with any offense, anywhere in the world, you must disclose it on your I-485. This applies even if the charge was dismissed, the record was expunged or sealed, or you were told it would not appear on your record. For each incident, obtain the arrest record or police report and a certified copy of the court’s final disposition. Where records no longer exist, obtain a certified letter from the court or agency confirming that fact.

Candor here is essential. Your fingerprints will be checked against law enforcement databases, and an inconsistency between your answers and your record can raise misrepresentation concerns far more serious than the underlying incident. Many minor offenses carry no immigration consequence at all, but your attorney should make that determination with the complete record in hand.

Photographs

Each form in your package that calls for photographs requires two identical color passport-style photographs, 2 by 2 inches, taken within 30 days of filing. Most employment-based applicants file Form I-485 together with Form I-765, Application for Employment Authorization, and Form I-131, Application for Travel Document, for advance parole. Each of those forms requires two photographs, so each applicant should plan on six. A family of four filing together will need twenty-four.

The Sealed Medical Examination: Form I-693

Every adjustment applicant must submit Form I-693, Report of Immigration Medical Examination and Vaccination Record, completed by a USCIS-designated civil surgeon. Under current USCIS policy, the I-693 must be filed together with the I-485; an application submitted without it will be rejected. The civil surgeon’s signature must also be dated no more than 60 days before the I-485 is filed. The form must arrive in the sealed envelope the civil surgeon provides, and USCIS will not accept one that has been opened or altered.

Timing matters here more than anywhere else. Schedule your exam close enough to your anticipated filing date to stay within the 60-day window, but early enough to allow for any required vaccinations, follow-up testing, or specialist referrals. Bring your vaccination records to the appointment, since missing records often mean additional shots or blood work. And do not open the envelope.

A Note on the New Form I-485

Since September 18, 2026, USCIS has required a new edition of Form I-485, dated 09/18/26, which implements the Department of Homeland Security’s new public charge final rule. There is no grace period: an application filed on the prior edition will be rejected, and a rejected application does not preserve your filing date.

The most significant change is to the public charge section. The form now asks whether you have ever received any means-tested public benefit; if the answer is yes, you must identify the benefit, the dates, the amount, and the reason you needed it. Most employment-based applicants will have little or nothing to report. Even so, confirm your household’s benefits history before your attorney prepares the forms, and gather recent tax returns, pay statements, and an employment verification letter.

Preparation Is the Advantage

When the Visa Bulletin moves, the applicants who file in the first days of eligibility are almost always the ones who prepared before the bulletin was released. Gathering these documents now gives your attorney time to find and resolve inconsistencies, status gaps, or missing records. It also lets you file a complete, well-documented application the moment your priority date permits. A filing that is complete from the start is the best protection against the RFEs and interview-stage delays now common in adjustment of status cases. Even if your priority date is not yet current, there is no downside to assembling your records early, and waiting can cost you your place in the window.

For more information, or for a detailed conversation about preparing your adjustment of status filing, please schedule a time to speak here.

By Ryan A. Wilck, Partner and Attorney at Law

Ryan Wilck is a Managing Partner and attorney at Reddy & Neumann, P.C. with over a decade of US immigration law experience, enthusiastic and proactive in his approach assisting clients and their employees through the various phases of the permanent residency a/k/a Green Card process. “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life’s motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented approach to understand their specific goals and concerns, hoping to instill a sense of confidence and stability. Whatever your immigration problem or interest, he and his team will find a solution, through wisdom and effort. Reddy & Neumann, P.C. has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on employment-based business immigration. We work with employers and their employees, helping navigate the complex immigration process efficiently and cost-effectively.

We are committed to assisting our clients with navigating the complex PERM Labor Certification (ETA 9089) and other challenging immigration matters as an accomplished immigration law firm in Houston, Texas. Our team is here to offer the direction and support you require, whether you’re a company trying to hire top talent or a foreign worker seeking to develop a career in the United States. To find out more about how we can help you with your immigration issues, get in touch with us right away.

For more information, or for a detailed conversation regarding the USCIS notice, please schedule a time to speak here

By: Ryan Wilck


Ryan Wilck is a partner at Reddy Neumann Brown PC “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented work ethic to understand their specific goals and concerns, hoping to instill a sense of confidence and stability.