The USCIS recently announced that there are more visas available in the EB-1 and EB-2 employment-based categories than the number of pending I-485 applications in these categories. USCIS is encouraging certain applicants to request that the agency “transfer the underlying basis” of their pending I-485 application to the EB-2 category, if eligible. This transfer request increases the likelihood that a decision is made on pending I-485 applications before the end of the U.S. government’s fiscal year on September 30, 2022.
Am I eligible to request to transfer the underlying basis of my I-485 Adjustment of Status application?
You can request to transfer the underlying basis of your pending I-485 application if:
- You have a pending I-485 Adjustment of Status application based on an approved EB-3 petition;
- Status was lawful when you filed the I-485 Adjustment of Status application;
- You also have a pending or approved EB-2 petition; and
- Your priority date is current in the EB-2 category under the Final Action Dates chart in the Visa Bulletin.
How do I request to transfer the underlying basis of my I-485 Adjustment of Status application?
A request must be made to USCIS in writing and accompanied by a completed Form I-485 Supplement J, if required. The request must be completed before the fiscal year ends on September 30, 2022.
What if I have already requested to transfer the underlying basis of my I-485 Adjustment of Status application?
If you have already submitted a transfer request, you should not submit a new one. Any requests already received will be processed.