USCIS must request approval of this revision after reviewing public comments.
Inventory as of this Action
Requested
Previously Approved
10/31/2017
36 Months From Approved
10/31/2017
749,497
0
749,497
4,495,927
0
4,495,927
0
0
0
Section 245 of the Immigration and Nationality Act (INA) is the primary law that provides for the adjustment of status of foreign nationals in the United States to that of a lawful permanent resident. INA Section 245A provides for the adjustment of status of âlegalizationâ applicants. INA Section 209 provides for the adjustment of status of asylees and refugees. Special laws (cited below) provide for the adjustment of status of certain Afghan and Iraqi nationals. INA Section 249 provides for the âregistryâ of lawful permanent residence for persons residing continuously in the United States since before January 1, 1972.
INA Section 291 provides that âwhenever any person makes an application for a visa . . . or makes an application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not inadmissible under any provision of this Act, and, if an alien, that he is entitled to the . . . immigrant . . . status claimed.
INA Section 204(b) states:
Investigation; consultation; approval; authorized to grant preference status. After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to [I-140] petitions to accord a status under section 203(b)(2) or 203(b), the Attorney General shall, if he determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made . . . is eligible for preference under subsection (a) or (b) of 203(b), approve the petition.
INA Section 204(e) states:
Subsequent finding of non-entitlement to preference classification. Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted to the United States as an immigrant under subsection (a), (b), or (c) of section 203 . . . if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification.
The employment-based immigrant visa process generally involves a multi-step process that may involve various U.S. governmental departments, including USCIS, the U.S. Department of Labor (DOL), and the U.S. Department of State (DOS).
Because of the passage of time between the labor certification process, the Form I-140 process, and finally the Form I-485 process, this information collection is necessary to ensure that the applicant is still entitled to classification under INA Section 203(b) and is not inadmissible to the United States at the time the Form I-485 is filed and adjudicated. Regarding inadmissibility grounds that this information collection relates to see INA Section 212(a)(5)(A); INA 212(a)(4).
Additionally, Section 106(c) of The American Competitiveness in the Twenty-First Century Act of 2000, Pub. L. No. 106-313, 114 Stat. 1251 (âAC21â), amended INA Section 204 by adding subsection (j), titled âJob Flexibility for Long Delayed Applicants for Adjustment of Status to Permanent Residence.â INA Section 204(j) states:
A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
Importantly, AC21 created a parallel provision at INA Section 212(a)(5)(A)(iv) that extended the validity of any underlying labor certification if the conditions of INA Section 204(j) are satisfied.
There is a decrease in the burden estimated for the I-485 due to a reduction in the burden last submitted. There is an overall increase of annual hour burden from 4,495,927 to 5,238,957.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form I-485 Application to Register Permanent Residence or Adjust Status
1615-0023_Form I-485 Supporting Statement 2015-12-7 (c).doc
SORN - Electronic Immigration System-2.docx
PIA.pdf
Application to Register Permanent Residence or Adjust Status