Recent News

August 12, 2008

Clarification of the Applicability of Section 245(k) to Certain Employment-Based Adjustment of Status Applications filed under INA Section 245(a)

Section 245(a) allows an admissible alien who was inspected and admitted or paroled into the United States to apply for permanent resident status from within the United States if the alien is the beneficiary of an approved immigrant visa petition and has an immigrant visa number immediately available. Section 245(c) establishes eight bars to adjustment of status in this situation. However, Section 245(k) provides relief for certain employment-based adjustment applications from three of the eight bars, Sections 245(c)(2),(7), and (8).

To be eligible for relief, an employment-based applicant must have not, for more than 180 days since their last lawful entry: failed to maintain, continuously, a lawful status; engaged in unauthorized employment; or otherwise violated the terms and conditions of his or her admission. Only the following employment-based classifications are eligible for relief:

• EB-1: aliens of extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives;
• EB-2: aliens who are members of the professions holding advanced degrees or aliens of exceptional ability;
• EB-3: skilled workers, professionals, and other workers; or
• EB-4: religious workers described in section 101(a)(27)(C) of the Act only.

For more information, see the USCIS Memorandum at http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf