Filing an Employment-Based I-485 (Adjustment of Status) is one of the final steps toward getting a U.S. green card through employment. However, many applicants face delays or denials due to avoidable mistakes. Understanding the common issues in Employment-Based I-485 applications can help you prepare a stronger and error-free submission.
This guide explains the major challenges EB-based applicants face, why they happen, and how to avoid them.
1. What Is an Employment-Based I-485?
The Employment-Based Form I-485 allows eligible foreign workers already living in the U.S. to apply for lawful permanent resident status (Green Card). It is filed after (or with) an approved I-140 petition.
2. Common Issues in Employment-Based I-485 Applications
Below are the most frequent problems USCIS finds in EB Adjustment of Status filings.
Problems With Maintaining Lawful Status
USCIS reviews whether the applicant maintained a valid immigration status before filing.
Common Problems
- Falling out of status before filing I-485
- Overstaying a visa
- Unauthorized employment
- Failure to maintain F-1 full-time enrollment
- Gaps during H-1B or L-1 extension transitions
Even small violations can create major delays or denials.
How to Avoid It
- Maintain valid status until your I-485 is received by USCIS
- File H-1B, L-1, or F-1 extensions early
- Keep documentation of legal stay (I-20s, I-797s, I-94s)
3. Errors in Form I-485 Information
Incorrect or inconsistent personal information is one of the most common I-485 issues.
Frequent Mistakes
- Wrong or mismatched name spelling
- Incorrect dates (employment, education, or travel history)
- Missing signatures
- Not selecting the correct immigrant category
- Old or expired photos
How to Avoid It
- Reviews all names, dates, and addresses multiple times
- Upload accurate employment and education history
- Use the correct EB category (EB-1, EB-2, EB-3)
4. Issues With Employment Authorization or Job Offer
Your green card is tied to your job offer. Problems with the employer can affect your case.
Common Employer-Related Issues
- Employer unable to pay the wage listed in the PERM application
- Job role changing significantly after PERM approval
- Company mergers, acquisitions, or layoffs
- Switching employers too early
- Using AC21 portability incorrectly
How to Avoid It
- Make sure the employer can show financial ability to pay
- Do not change job roles without legal guidance
- Keep all I-140 and PERM documents ready
5. Missing or Incorrect Supporting Documents
Supporting documents are essential for a complete I-485.
Frequent Document Issues
- Missing birth certificates
- Incorrect civil documents
- Missing translations
- Not submitting the medical examination (I-693) correctly
- Outdated I-94 records
- Employment verification letters not matching the PERM job description
How to Avoid It
- Submit all required civil documents with correct formats
- Keep updated I-94 and I-797 approvals
- Ensure the medical exam is sealed
- Use consistent job descriptions
6. Public Charge & Financial Concerns
Employment-based applicants must show they will not become dependent on government benefits.
Common Issues
- Receiving public benefits
- Not responding to USCIS requests for financial evidence
- Incomplete Form I-944 (if required by USCIS rules of the time)
How to Avoid It
- Avoid income-based public benefits
- Prepare tax returns, W-2s, and employer letters
7. Medical Exam (I-693) Problems
Medical form issues can delay the case for months.
Frequent Problems
- Unsealed envelope
- Missing vaccination records
- Civil surgeon errors
- Expired medical exams
How to Avoid It
- Submit I-693 sealed
- Check doctor’s USCIS certification
- Ensure the medical is less than 2 years old
8. Long Processing Times & RFE Delays
Even small mistakes lead to RFEs (Requests for Evidence).
Common RFE Reasons
- Incomplete birth records
- Employment mismatch
- Missing maintenance-of-status proof
- Incorrect fees
How to Avoid It
- Double-check all documents
- Pay correct filing fees
- Keep updated employer support letters
9. Travel Issues While I-485 Is Pending
Traveling without proper authorization can automatically cancel your I-485.
Common Mistakes
- Leaving the U.S. without Advance Parole (AP)
- Using the wrong visa for re-entry
- H1B/H4 not properly maintained
How to Avoid It
- Apply for Advance Parole
- Do not travel until AP is approved
- Maintain valid H/L status
Conclusion
Employment-Based I-485 applications often fail due to simple, preventable errors. Reviewing documents carefully, maintaining your status, and making sure your employer provides correct information can greatly improve your approval chances.
If you face any issues, seek help from an immigration professional to avoid delays.
FAQs
- What happens if I travel without Advance Parole?
Your I-485 may be considered abandoned unless you re-enter on a valid H or L status.
- Can job changes affect my I-485?
Yes. Only similar roles qualify under the AC21 portability rules.
- How long does EB I-485 processing take?
Typically, 8–18 months, depending on USCIS workload.
- Do I need to include medical exams?
Yes, but they must be sealed and completed by an authorized civil surgeon.
- Can unauthorized work affect approval?
Yes. Unauthorized employment can result in denial unless exceptions apply.
References
USCIS – Employment-Based Adjustment of Status
USCIS – Form I-485 Instructions
USCIS – AC21 Portability Guidance
