All You Need to Know About Concurrent Filling of I-140 and I-485 for Faster Green Card Approval

All You Need to Know About Concurrent Filling of I-140 and I-485 for Faster Green Card Approval

Eligibility Requirements, Application Procedures, and Benefits for Athletes & Esports Players

Eligibility Requirements, Application Procedures, and Benefits for Athletes & eSports Players

In the past, the US Citizenship and Immigration Services (USCIS) required that the I-140 petition is first approved before an immigrant is permitted to apply for permanent resident status adjustment. But concurrent filing, which came into effect on July 31, 2002, and approved by the USCIS, allows an immigrant to file a status adjustment application, USCIS Form I-485, and petition for immigration, USCIS Form I-485 at the same time. 

This development made it possible for foreign nationals to apply for an immigrant work permit at the same time they apply for a green card. It also eliminates the frustration that comes with the long waits associated with green card approval, as well as work authorization and travel authorization.

This article is a brief guide to inform foreign athletes and esports players looking to secure an Employment-Based green card of the criteria for qualification, how to apply for quick approval, as well as the benefits and other essential details concerning filling for I-140 and I-485 concurrently.

Eligibility for I-140 and I-485 Concurrent Filing

Basically, most individuals are required by their employers to complete the labor certification (PERM) process, which is often the case for athletes and players of foreign nationals. If you are filing an I-140 petition based on your approved PERM, then your priority date must be current for you to qualify. That is, the date on which you submitted your PERM to the Department of Labor (DOL) must not be later than the priority date indicated on the Department of State’s monthly visa bulletin. 

For example, say you looked at the July 2019 visa bulletin, you’ll notice that only some priority dates are marked as “current.” If your priority date is before that marked date, you are eligible to file your I-140 and I-485 petitions concurrently. But if your priority date falls later than that, then your priority date is not current, and you are ineligible for concurrent filing.

In other words, the only limitation to this rule of concurrent filing is that your immigrant visa number must be available for the “current” listing category. Usually, visa numbers are available to all employees in the EB-1 category. So as an athlete looking to move to the US, your EB-1 I-140 petition is eligible for I-485 concurrent filing. 

Recently, since 2015, the visa bulletin now comes with two charts; “Application Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications.” The second chart was provided by the state department to allow for earlier submission of I-485 applications. So the USCIS always informs the public of the chart that should be followed after the state department releases its monthly visa bulletin.

There are no other special requirements the I-140 and I-485 concurrent filing besides your priority date being current. And if your priority date is not current, instead of waiting to file both applications concurrently, it’s best you proceed with filing for I-140, then file for I-485 once your priority date becomes current. 

How to File the I-140 and I-185 Concurrently

Below is the procedure for filing concurrently;

Prepare all relevant documents, including Form I-140 and G-28 (if you are represented by an immigration attorney), original certified Labor Certification (Form ETA 9089), and other supporting documents. All documents must be signed and mailed to the USCIS. And you must include documents from your employer indicating their ability to pay the wage offered to you. Filing can also be done electronically too. And you will receive a receipt confirming the filing fee payment.

For the immigration visa or green card application, you are required to provide a signed copy of the form I-485, G-28, birth certificate, marriage certificate, passport photograph, a medical report conducted by a USCIS-authorized civil surgeon (optional). Since the medical examination process takes time and has only two years validity, you can opt to submit the report later, such as when you have to appear for an interview at the USCIS office. And if you are filing for green cards as a family, each family member must provide the relevant documents and complete the I-485 application individually. 

Sometimes, preparing the required documents for the I-485 application might take longer than expected. But as long as your priority date remains current, you are good to go. It is also possible for your priority date to be current in one month and late in the coming months. This situation is called retrogression, and it happens if the USCIS processes too many green card applications within that period, such that there are no more green cards available in that category. 

For example, as an Indian national Employment-Based 1st preference category athlete, your priority date is January 1, 2018, which was current as at the March 2017 Visa Bulletin with a priority date of November 2018. If peradventure, USCIS processes more green cards than anticipated for that category, and the Visa Bulletin for the following month indicates a priority date of February 2017, it means that your priority date is no longer current. And if you did not apply when your priority date was current, you lose your eligibility for concurrent filing until the priority date becomes current again. 

Advantages of Concurrent Filing

By filing the I-485 application, you automatically qualify to file for the Employment Authorization Document (EAD), Form I-765, and travel authorization (Advance Parole), Form I-131, both issued by the USCIS. With the EAD, you are permitted to pursue your professional career in the US legally. And with the AP, you are authorized to travel in and out of the US freely.

In addition, you are considered to be in a “period of authorized stay” by the USCIS if you filed concurrently and your I-485 application is pending. This means that even if your nonimmigrant status expires, you are still authorized by the law to remain in the US until your I-485 application is approved.

It is important to point out that you are not given the EAD and AP automatically by simply filing the I-485 application. You must file the forms alongside the I-485. Note that you attract separate fees if you file for the EAD and AP after filing the I-485.

FAQs

How much is the fee for I-140 filing?

The Form I-140 filing fee is $700.

Is it possible to withdraw the I-140 petition?

Yes, it is. Either you, the applicant (or petitioner) or the Form G-28 immigration representative can send a letter to USCIS requesting to withdraw the application.

What if the I-140 filing is rejected?

In a concurrent filing case, the I-485 filing will also be rejected if the I-140 application is denied.