Updated September 9, 2026.

What Are the Employment-Based Adjustment of Status Basics, I-140, Priority Dates, and Porting?

What is employment-based adjustment of status?

Employment-based adjustment of status is the process of applying for lawful permanent residence while you are inside the United States, based on a job offer from a U.S. employer. The employer first files an immigrant petition (Form I-140) with USCIS to establish that the job and your qualifications meet the requirements for one of the employment-based categories: EB-1, EB-2, or EB-3. Once the I-140 is approved and your priority date is current, you may file Form I-485 to adjust your status to permanent resident.

Think of it like joining a line at a theme park. Your employer uses the I-140 to prove you have a ticket (the job and qualifications). The priority date is your spot in line. The I-485 is what you hand over when you reach the front to get on the ride (permanent residence). The length of the line depends on how many people from your country and category are ahead of you each year.

How does the I-140 immigrant petition work?

Form I-140 is the petition your employer files to show USCIS that the job exists, that it requires certain qualifications, and that you meet those qualifications. Each EB category (EB-1 for individuals with extraordinary ability or outstanding professors and researchers, EB-2 for advanced-degree professionals or individuals with exceptional ability, and EB-3 for skilled workers and professionals) has different documentary requirements. For EB-2 and EB-3, the employer usually needs an approved labor certification (PERM) from the Department of Labor before filing the I-140. Once USCIS approves the I-140, it locks in your priority date and establishes that you are eligible for that category.

Picture the I-140 as a boarding pass. Your employer prints it by proving to the airline (USCIS) that you have the right qualifications and a real seat (the job). Without an approved I-140, you cannot move forward to file the I-485. The I-140 is your employer's responsibility to file, not yours. You can consult a licensed immigration attorney to help gather the supporting documents and prepare the case, but the petition is tied to the employer and the specific job.

What is a priority date and why does it matter?

Your priority date is the date the Department of State or USCIS received your underlying petition or labor certification. For most EB-2 and EB-3 cases, it is the date your employer filed the PERM labor certification. For EB-1 cases that do not require PERM, it is the date USCIS received the I-140. The priority date determines your place in the queue for a green card number. Each year, a set number of employment-based green cards is available, divided across categories and countries. When your priority date is earlier than the cut-off date published in the monthly Visa Bulletin, you may file your I-485.

Imagine a bakery that makes 100 loaves each day. Customers take a numbered ticket when they walk in. The bakery calls numbers in order. Your priority date is your ticket number. If they call up to number 85 today and you hold ticket 90, you wait. Next week, they might call up to 95, and you can finally buy your loaf. The Visa Bulletin is the bakery's daily announcement of the highest number they are serving. Your priority date is locked in once it is assigned; it does not change even if you wait years.

Can I change jobs after my I-485 is filed?

Yes, under certain conditions. If your I-485 has been pending for at least 180 days and you move to a job in the same or a similar occupational classification, you can use a process often called priority-date porting (sometimes referred to as AC21 portability after the statute section that authorized it). You do not need your original employer's permission, and you do not lose your place in line. The new job must be in the same or a similar occupational classification as the job described in the approved I-140. USCIS will review the job duties, requirements, and wage to decide if the positions are similar enough.

Think of it like a relay race. Your first employer hands you the baton (the approved I-140 and priority date). If you have been running for 180 days and someone at the next checkpoint (a new employer) is ready to take over in the same lane (same or similar job), you can hand off the baton and keep running toward the finish line. The race does not restart. You keep your original spot. If you leave the original employer before 180 days or move to a completely different occupation, the rules are more complex, and you should consult a licensed immigration attorney.

Do I need a new I-140 if I change employers?

Usually, yes. If you move to a new sponsoring employer before your I-485 is approved, the new employer must file a new I-140 to show they have a qualifying job offer and you meet the requirements. However, the approved priority date from your first I-140 can port to the new petition, so you do not lose your place in the queue. The new I-140 must be in the same or a higher EB category for the priority date to port automatically. If the new petition is in a lower category, USCIS may still honor the earlier date in many cases, but the rules are more nuanced.

Imagine you are waiting in line to board a plane. Your original airline (employer one) gave you a boarding pass with a timestamp (priority date). If you switch to a different airline (employer two) but stay in the same boarding group or a higher one, you keep your timestamp and your spot near the front. If you switch to a lower boarding group, you might need to ask the gate agent (USCIS) to honor your original timestamp. The new airline still needs to print you a new boarding pass (new I-140), but the timestamp can carry over if the conditions are met.

How does PM-602-0199 affect employment-based adjustment?

PM-602-0199 did not change the statutory eligibility rules for employment-based adjustment. You still need an approved I-140 and a current priority date to file Form I-485. The memorandum directs USCIS officers to treat I-485 adjudication as discretionary and to weigh the totality of positive and negative factors more carefully. This means that even with an approved petition and a current date, officers will look at your immigration history, any status violations, tax compliance, and other equities before granting the application. The I-140 and priority-date framework remain in place; what changed is the depth of review at the I-485 stage. More information about how the memorandum applies to employment-based cases is available at Does PM-602-0199 Affect Employment-Based Adjustment of Status?

Think of it like a university admission process. Before May 2026, if you had the test scores (approved I-140) and the application fee (current priority date), the university would focus on those threshold requirements. After PM-602-0199, the admissions committee also reviews your attendance record, extracurricular activities, and letters of recommendation (your positive and negative equities) before deciding. The test-score requirement did not go away; the committee just weighs more factors now.

Employment-based adjustment of status is still open. If you have an approved I-140 and your priority date is approaching, you can start gathering your documents to prepare for Form I-485. If your case involves a job change, prior status gaps, or other complexities, consider consulting a licensed immigration attorney who can review your specific facts and help you document your positive equities. More guidance on preparing your case after PM-602-0199 is at How To Document Positive Equities for an I-485 Filing, and you can find an attorney through AILA or your state bar referral service.