his policy is reflected in Chapter 23.5(f)(4) of the Adjudicator's Field Manual (AFM).
Specifically, review of your application shows that:
- You are an Employment-Based Principal Applicant
- An immigrant visa is not immediately available, and
- A valid job offer may be required for your adjustment.
First, please submit proof of your continuous employment authorization in the U.S. from the date you
filed your Form 1-485 to the present. Such evidence may include copies of:
- Employment Authorization Documents (EADs, Forms 1-688 or 1-766) granted to you by USCIS
- Form 1-797 approval notices, showing you were granted status in an employment-authorized
nonimmigrant classification, or
- Copies of Form 1-94 Arrival/Departure Records showing you were admitted to the U.S. in an
employment-authorized nonimmigrant status.
Second, you must submit a currently dated letter from your petitioning (Form 1-140) employer, verifying
that their job offer to you continues to exist. If their job offer no longer exists or you no longer intend to
work for the original 1-140 employer, you may be eligible to adjust pursuant to visa portability under
section 204(j) of the Immigration and Nationality Act if:
- Your Form 1-485 application has been pending for 180 days or more, AND
- Your new intended permanent employment is in the same or similar occupational classification
as the original Form 1-140 job.
Note that the current job offer letter from your original or new employer must state the title and duties
of the offered position, the minimum educational or training requirements, the date you began (or will
begin) employment and the offered salary or wage. This letter should be on company letterhead and
signed, in the original, by a person authorized by the organization to make or confirm an offer of
permanent employment.
Failure to submit a response is grounds for the denial of your application. A response is required
regardless of whether an immigrant visa is currently available to you. Your case must remain pending
until a visa becomes available to you as per the U.S. Department of State's monthly Visa Bulletin,
available online at Welcome to Travel.State.Gov under 'Visas'. Even though you have 87 days to respond to this
Request for Evidence, the sooner you respond the sooner USCIS may be able to finalize your case if and
when a visa becomes immediately available to you.