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Part E - Employment-Based Adjustment

In May 2020, USCIS retired its Adjudicator’s Field Manual (AFM), a collection of our immigration policies and procedures. We are working quickly to update and incorporate all of the AFM content into the USCIS Policy Manual, the agency’s centralized online repository for immigration policies. Until then, we have moved any remaining AFM content to its corresponding Policy Manual Part. To the extent that a provision in the Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the Policy Manual prevails. If you have questions or concerns about any discrepancies among these resources, contact USCISPolicyManual@uscis.dhs.gov.

AFM Chapter 23 - Adjustment of Status to Lawful Permanent Resident (External) (PDF, 1.61 MB)

Resources

Legal Authorities

8 CFR 204.5(e)(5) - Retention of section 203(b)(1), (2), or (3) priority date

8 CFR 204.5(h)(5) - No offer of employment required

8 CFR 204.5 - Petitions for employment-based immigrants

8 CFR 205.1(a)(3)(iii) - Automatic revocation of petitions under section 203(b)

8 CFR 245.25 - Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment

8 CFR 245.25(a)(2)(ii)(B)(2) - Validity of petition for continued eligibility for adjustment of status

8 CFR 245.25(b) - Definition of same or similar occupational classification

INA 204(j) - Job flexibility for long delayed applicants for adjustment of status to permanent residence

INA 2458 CFR 245 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

Pub. L. 106-313 (PDF) - Section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (Oct. 17, 2000) Increased job flexibility for long delayed applicants for adjustment of status

Pub. L. 107-273 (PDF) - Section 11030A of the 21st Century Department of Justice Appropriations Authorization Act (Nov. 2, 2002) Extension of H-1B status for aliens with lengthy adjudications

Appendices

No appendices available at this time.

Updates

POLICY ALERT - Job Portability after Filing Application to Adjust Status

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to consolidate and update guidance on the ability to change to a same or similar job, also known as portability, for certain beneficiaries of employment-based immigrant petitions after they have applied to adjust status.

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Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 327.05 KB) between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].