Employment-Based Adjustment of Status in El Paso

Meeting the criteria on paper is only part of the challenge. USCIS adjudicators scrutinize Extraordinary Ability petitions closely, and the evidentiary record must be compelling and persuasive. The Pablos Law Firm, P.C. has successfully represented musicians, performers, athletes, academics, executives, and other accomplished professionals in these petitions in the past. We know what it takes to build a winning case.

National Interest Waivers (NIW)

The National Interest Waiver allows certain foreign nationals to bypass standard requirements like employer sponsorship and the PERM labor certification process. Instead, applicants must demonstrate that their work is in the national interest of the United States. To qualify, you must show:

1. Your proposed endeavor has substantial merit and national importance. The work itself, whether in medicine, research, engineering, education, entrepreneurship, or another field, must have significant potential benefit to the United States.
2. You are well-positioned to advance that endeavor. Your education, skills, record of success, and future plans must demonstrate that you are the right person to carry this work forward.
3. On balance, it would benefit the United States to waive the job offer and labor certification requirements. Given the nature and importance of your work, the standard requirements should be set aside in the national interest.

The NIW is particularly well-suited for researchers, physicians committed to working in underserved areas, engineers, scientists, educators, entrepreneurs, and other professionals whose work has broad societal impact.

Unlike Extraordinary Ability Petitions, you do not need to prove you are among the very top in your field. However, you do need to make a thoughtful, well-supported case. We work closely with NIW applicants to articulate the significance of their work clearly and compellingly, translating complex professional accomplishments into a legal argument that resonates with USCIS adjudicators.

Intracompany Transferees

Foreign nationals who have worked for a multinational company abroad and are being transferred to a U.S. affiliate, subsidiary, or parent company may qualify as Intracompany Transferees — and ultimately, acquire a green card. The Pablos Law Firm, P.C. will help you compile the necessary documentation to make this application as smooth as possible.

The Employment-Based Adjustment Process

Step 1: File the Immigrant Petition

Depending on the category, this is either a self-petition (Form I-140 for EB-1A and NIW) or an employer-sponsored petition (Form I-140 for EB-1C). Approval of the I-140 establishes your eligibility and locks in your priority date.

Step 2: Wait for Visa Availability

EB-1 visa numbers are generally available without significant delay for most applicants. EB-2 and EB-3 wait times vary considerably depending on your country of birth. Nationals of India and China in particular may face substantial backlogs. We monitor the monthly Visa Bulletin and advise you on where your priority date stands.

Step 3: File the Adjustment of Status Application (Form I-485)

Once a visa number is available, you file your application for permanent residence along with supporting documents and applicable fees.

Step 4: File for Work Authorization and Travel Permission

Most applicants file simultaneously for an Employment Authorization Document and Advance Parole travel permission, allowing you to work and travel while your case is pending.

Step 5: Attend the Biometrics Appointment

USCIS will schedule an appointment to collect your fingerprints and photographs for background check purposes.

Step 6: Attend the Interview (If Required)

Employment-based adjustment applicants are not always required to attend an interview, though USCIS retains the discretion to schedule one. We prepare every client for this possibility.

Step 7: Receive a Decision

Upon approval, your green card will be mailed to you. If USCIS needs additional information, they will issue a Request for Evidence (RFE). We respond to RFEs promptly and thoroughly.