USCIS must
request approval of this revision after reviewing public
comments.
Inventory as of this Action
Requested
Previously Approved
10/31/2017
36 Months From Approved
10/31/2017
749,497
0
749,497
4,495,927
0
4,495,927
0
0
0
Section 245 of the Immigration and
Nationality Act (INA) is the primary law that provides for the
adjustment of status of foreign nationals in the United States to
that of a lawful permanent resident. INA Section 245A provides for
the adjustment of status of “legalization” applicants. INA Section
209 provides for the adjustment of status of asylees and refugees.
Special laws (cited below) provide for the adjustment of status of
certain Afghan and Iraqi nationals. INA Section 249 provides for
the “registry” of lawful permanent residence for persons residing
continuously in the United States since before January 1, 1972. INA
Section 291 provides that “whenever any person makes an application
for a visa . . . or makes an application for admission, or
otherwise attempts to enter the United States, the burden of proof
shall be upon such person to establish that he is eligible to
receive such visa or such document, or is not inadmissible under
any provision of this Act, and, if an alien, that he is entitled to
the . . . immigrant . . . status claimed. INA Section 204(b)
states: Investigation; consultation; approval; authorized to grant
preference status. After an investigation of the facts in each
case, and after consultation with the Secretary of Labor with
respect to [I-140] petitions to accord a status under section
203(b)(2) or 203(b), the Attorney General shall, if he determines
that the facts stated in the petition are true and that the alien
in behalf of whom the petition is made . . . is eligible for
preference under subsection (a) or (b) of 203(b), approve the
petition. INA Section 204(e) states: Subsequent finding of
non-entitlement to preference classification. Nothing in this
section shall be construed to entitle an immigrant, in behalf of
whom a petition under this section is approved, to be admitted to
the United States as an immigrant under subsection (a), (b), or (c)
of section 203 . . . if upon his arrival at a port of entry in the
United States he is found not to be entitled to such
classification. The employment-based immigrant visa process
generally involves a multi-step process that may involve various
U.S. governmental departments, including USCIS, the U.S. Department
of Labor (DOL), and the U.S. Department of State (DOS). Because of
the passage of time between the labor certification process, the
Form I-140 process, and finally the Form I-485 process, this
information collection is necessary to ensure that the applicant is
still entitled to classification under INA Section 203(b) and is
not inadmissible to the United States at the time the Form I-485 is
filed and adjudicated. Regarding inadmissibility grounds that this
information collection relates to see INA Section 212(a)(5)(A); INA
212(a)(4). Additionally, Section 106(c) of The American
Competitiveness in the Twenty-First Century Act of 2000, Pub. L.
No. 106-313, 114 Stat. 1251 (“AC21”), amended INA Section 204 by
adding subsection (j), titled “Job Flexibility for Long Delayed
Applicants for Adjustment of Status to Permanent Residence.” INA
Section 204(j) states: A petition under subsection (a)(1)(D)
[redesignated as (a)(1)(F)] for an individual whose application for
adjustment of status pursuant to section 245 has been filed and
remained unadjudicated for 180 days or more shall remain valid with
respect to a new job if the individual changes jobs or employers if
the new job is in the same or a similar occupational classification
as the job for which the petition was filed. Importantly, AC21
created a parallel provision at INA Section 212(a)(5)(A)(iv) that
extended the validity of any underlying labor certification if the
conditions of INA Section 204(j) are satisfied.
There is a decrease in the
burden estimated for the I-485 due to a reduction in the burden
last submitted. There is an overall increase of annual hour burden
from 4,495,927 to 5,238,957.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form I-485 Application to Register Permanent Residence or Adjust Status
1615-0023_Form I-485 Supporting Statement 2015-12-7 (c).doc
SORN - Electronic Immigration System-2.docx
PIA.pdf
Application to Register Permanent Residence or Adjust Status