Permanent Residency: A Strategic Guide to U.S. Green Cards

 Includes a Prevailing Wage Determination (approximately three months), a mandatory recruitment period (two to six months) and a DOL analyst review (currently averaging 512 days). 

Establishes the candidate’s eligibility. Utilizing Premium Processing ($2,965) is a primary strategy to lock in priority dates. 

The final stage, initiated once the candidate’s Priority Date is current per the Visa Bulletin.

*According to USCUS data collected in April 2026.  

This is the final stage in which the individual (and their family) applies for residency. 

Form I-140 is used to petition for a foreign national employee to become a permanent resident in the U.S., according to U.S. Citizenship and Immigration Services (USCIS).

Individuals in the U.S. use Form I-485 to apply for lawful permanent resident (LPR) status. The form’s full name is Form I-485, Application to Register Permanent Residence or Adjust Status.

This is a common question many human resources professionals receive from their foreign national employees.

Foreign national employees can file the I-485 Adjustment of Status (even simultaneously with the I-140 petition) as long as his or her I-485 priority date is current.

For employment-based (EB) petitions, the priority date is the date the labor certification was filed with the U.S. Department of Labor (EB-2 and EB-3) or the date the I-140 immigrant petition was filed with USCIS if a Labor Certification was not needed (e.g., EB-1).

If the I-485 priority date is before the date indicated on the visa bulletin for the EB category and an employee’s country of birth, they can file during the month when the priority date is current. There is one exception: Foreign nationals can adopt their spouse’s country of birth under the doctrine of cross-chargeability.

Examples:

• An employee born in India is applying for an EB-3. Their priority date is August 8, 2002: They are not current.
• An employee born in China is applying for an EB-2. Their priority date is December 31, 2008: They are current.
• An employee born in China is applying for an EB-2. They are married and their spouse was born in Canada. Their priority date is January 1, 2009: They are current.

Yes, for some cases, USCIS does allow for the concurrent filing of Form I-140 Immigrant Petition for Alien Worker and Form I-485 Adjustment of Status application for employment-based green card preference categories, including EB-1, EB-2 and EB-3. That includes forms for the employee and dependents. More so, Form I-485 can be filed while a Form I-140 is still pending in some cases. However, you cannot file concurrently unless your priority date is “current” and your PERM has been approved.

A priority date is the date the PERM was filed, and you can see if that date is current on the USCIS visa bulletin. Only applicants with current priority dates are eligible to file form I-485. If the priority date is not current, the application will be rejected.

Thanks to concurrent filing, which became available in 2002, foreign national employees can now submit the Form I-485 concurrently with the Form I-140, assuming their priority date is current, which could help expedite the green card application process. Before 2002, employees had to wait for the I-140 to be approved before filing Form I-485.

By filing concurrently, employees are eligible to file for an Employment Authorization Document (EAD) at the same time as the I-485. In addition, when filing the I-485, they can file for Advance Parole, which allows more freedom to travel into and out of the U.S. while the I-485 is pending.

Of course, these benefits don’t apply to all cases. It’s important to check with your attorney to see if filing concurrently will benefit the case.

No, even though you can file these two critical forms together, don’t feel obligated to file them at the same time. The I-485 will be approved only after the I-140 has been adjudicated by USCIS. However, this is an important strategic discussion that must be discussed with your employer and your immigrant attorney.

A foreign national’s priority date can be found on the I-797 issued by USCIS that approves their I-130 petition. EB categories are on the I-140 Approval Notice.

If you are an Envoy Global customer, please post any questions to the Communication Center in the platform. We are happy to provide employees with their EB category and priority date.

The only requirement is that your I-485 is received within the month that you are current.

Not necessarily. If the following month’s visa bulletin shows that your priority date is still current, the deadline to file is to ensure that USCIS receives the I-485 on or before the last business day of the month.

No. Each family member who wants a green card must file his or her own I-485, as well as I-131 (Application for a Travel Document (Advance Parole)) and I-765 (Application for Employment Authorization (EAD)) if he or she wants work and travel permits while the I-485 is pending.

If you are an Envoy customer and do not see the forms for your dependents in your account, please reach out to your legal team using the Communication Center.

In approximately to six weeks, you will get I-485 (I-131 and I-765 if filed) Receipt Notices. In approximately four to eight weeks, you will be issued a biometrics appointment, which will explain where and when to visit a local Application Support Center (ASC) to submit your photo and fingerprints for a security check. If you cannot make the appointment, please follow the instructions on the Appointment Notice by making the change request in writing.

Please note that rescheduling this appointment may delay the processing of the I-485. If you filed the I-131 and I-765 with the I-485, you should get your Employment Authorization Document (EAD) card and advance parole within approximately six to eight months. USCIS should adjudicate your green card application in approximately twelve to eighteen months, assuming your priority date becomes current. If approved, you will receive your green card in the mail about 30 days after approval. If USCIS issues an adjustment interview notice, you must appear at the interview at a local USCIS office. The USCIS Officer overseeing will then adjudicate your green card application.

If emergency travel is required, it may be possible to obtain an “expedite” on the advance parole, though proof of the emergency should be submitted. Weddings abroad are not generally considered emergencies.