i-485 Alien Worker and Alien Entrepreneur additional instructions

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Alien Worker and Alien Entrepreneur additional instructions

The purpose of these additional instructions is to provide more specific information on each immigrant category. You must read the additional instructions that apply to your specific immigrant category as well as the previous main instructions for Form I-485. If your immigrant category is not discussed here, it is because there are no additional instructions for that category.

MANAGERS AND EXECUTIVES - I-485 Employment-Based Applicants additional instructions
Form I-526, Immigrant Petition by Alien Entrepreneur

Alien entrepreneurs are foreign nationals who have invested, or are actively in the process of investing, $1 million (or $500,000 in a rural or high unemployment area) in a new commercial enterprise which will benefit the U.S. economy and create at least 10 full-time jobs for U.S. citizens, lawful permanent residents, and certain other authorized workers.

If you are filing your Form I-485 under the alien entrepreneur (immigrant investor) category, you may not file your Form I-485 until USCIS first approves your Form I-526, Immigrant Petition by Alien Entrepreneur, and a visa is immediately available.

Evidence of Financial Support

If you are filing Form I-485 as an immigrant investor, you do not need to submit evidence of financial support.

Form I-140, Immigrant Petition for Alien Worker

This category applies to the following employment-based immigrant preference classifications: first preference — including foreign nationals with extraordinary ability, outstanding professors and researchers, or certain multinational executives and managers; second preference — members of the professions holding advanced degrees or foreign nationals of exceptional ability; and third preference — skilled workers, professionals, and other workers.

If a visa is immediately available, an applicant in the employment-based preference immigrant category does not have to wait until Form I-140 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-140, while your Form I-140 is pending, or after your Form I-140 is approved. Otherwise, you may file your Form I-485 only after your Form I-140 is approved and a visa is immediately available.

Evidence of Financial Support

In general, if you are filing Form I-485 based on employment, you do not need to submit Form I-864, Affidavit of Support Under Section 213A of the Act. However, you must file Form I-864 if your Form I-140 was filed by a relative who is
a U.S. citizen or lawful permanent resident or by a for-profit entity if 5% or more of the ownership interest is held by
a relative who is a U.S. citizen or lawful permanent resident. In this context, “relative” means a U.S. citizen or lawful permanent resident who is your husband, wife, father, mother, child, adult son, adult daughter, or a U.S. citizen who is your brother or sister.

Request for Job Portability

If you properly filed Form I-485 and it remains pending with USCIS for 180 days or more after filing, you may be eligible to “port” to a job other than the one offered in Form I-140, under the authority of INA section 204(j). The new job offer must be for a permanent, full-time position in the same or similar occupational classification as the job offered in the Form I-140 that is the basis of your Form I-485. You may request such job portability by sending a typed or printed request to USCIS which includes a letter from the new employer providing details about the new job and any other documentation needed to establish eligibility for portability. For more information, visit the USCIS website at www.uscis.gov.

National Interest Waiver (NIW) Physicians

You may qualify for a National Interest Waiver if you worked full time as a physician for a total of five years (not including work while in J-1 status) in a designated medical shortage area or at a Veterans Administration healthcare facility, and a Federal agency or state department of public health has determined such work is in the public interest.

USCIS will not approve your Form I-485 as an NIW physician until you submit evidence showing you have completed the full five years of required employment. You must submit evidence within 120 days of completing the five years of required employment. USCIS will consider your Form I-485 ready for final processing and adjudication once you submit this evidence.

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