- Form I-485 lets you become a permanent resident from inside the U.S. This is called adjustment of status. The alternative, consular processing, requires applying at a U.S. embassy abroad.
- You can usually file only when a visa is immediately available, meaning your priority date is current under the chart USCIS designates for that month.
- 2026 filing fees: the Form I-485 base fee is $1,440 for applicants 14 and older, plus $260 for a work permit (Form I-765) and $630 for a travel document (Form I-131) when filed together with a pending I-485.
- Policy update 1: A USCIS policy memorandum dated May 21, 2026 directs officers to treat adjustment of status under INA 245(a) as a discretionary decision rather than an automatic benefit. DHS later stated that the change is applied case by case and is not a blanket policy shift. Dual-intent H-1B and L-1 status remains compatible with adjustment.
- Policy update 2: The 540-day automatic work-permit extension ended for renewals filed on or after October 30, 2025, so for those renewals work authorization is not extended automatically while the renewal is pending.
- Alma files the full adjustment package for a flat fee, starting at $2,000 for an adult bundle (I-485, I-765, I-131) and $1,500 for a child bundle (I-485, I-131), with transparent per-case pricing.
Form I-485, the Application to Register Permanent Residence or Adjust Status, is the form that turns an approved immigrant petition into a green card without requiring you to leave the United States. For most employees on an O-1, EB-1, EB-2 NIW, H-1B, L-1, TN, or E-2, it is the final step in the employment-based green card process. This guide explains what you and your employer do, what it costs in 2026, how long it takes, and how two 2026 policy developments affect adjustment-of-status filings.
What Form I-485 Is and How Adjustment of Status Works
Adjustment of status is the process of applying for a green card while you remain in the United States. Instead of attending an immigrant visa interview at a consulate abroad, you file Form I-485 with USCIS, attend a biometrics appointment and in some cases a local interview, and receive your green card by mail.
Adjustment of Status vs. Consular Processing
Both paths lead to lawful permanent residence but suit different situations. Adjustment of status lets you stay in the U.S., apply for a work permit and travel document, and change jobs under certain conditions while your case is pending. Consular processing happens abroad and can fit applicants who live outside the U.S., whose category faces a long backlog, or whose immigration history is a factor under the 2026 discretion standard discussed below.
Who Qualifies to File Form I-485
To adjust status through employment, applicants generally must:
- Be physically present in the U.S. after a lawful inspection and admission or parole.
- Have an immigrant visa immediately available, meaning the priority date is current per the monthly Visa Bulletin.
- Have an approved or concurrently filed Form I-140 immigrant petition in the relevant category.
- Be admissible to the United States, or qualify for a waiver of a ground of inadmissibility.
Employment-based applicants have a statutory safety net. Under INA section 245(k), brief lapses in status or short periods of unauthorized work do not bar adjustment as long as they total no more than 180 days since the most recent lawful admission. The 180 days are counted in aggregate.
The I-485 Timeline: From Eligibility to Green Card
The full journey runs from confirming a visa is available through receiving the physical card. How long it takes depends on your category, your country of birth, and whether your case requires an interview.
Phase 1: Confirming Visa Availability
First, check the monthly Visa Bulletin and the USCIS filing charts page to see whether filing is open this month. USCIS announces each month whether employment-based applicants use the earlier Dates for Filing chart or the Final Action Dates chart. If your priority date is current under the applicable chart, filing is available. If it is not, you cannot file for adjustment of status. The visa bulletin updates monthly.
Phase 2: Building and Filing Your Application Package
Once a visa is available, you assemble and submit the package. For an employee this is largely a document-gathering exercise. The core pieces include:
- Form I-485, the main application.
- Form I-693, the medical examination completed by a USCIS-designated civil surgeon and submitted in a sealed envelope. Under current USCIS guidance, an exam signed on or after November 1, 2023 remains valid while the I-485 it accompanies is pending.
- Form I-485 Supplement J, which confirms that the job offer underlying your I-140 still exists or supports a job change under portability.
- Proof of lawful entry and status, including your passport, visa stamps, and most recent Form I-94.
- Civil documents such as your birth certificate, plus passport-style photos.
Two optional forms are commonly filed at the same time: Form I-765 for an Employment Authorization Document (a work permit) and Form I-131 for Advance Parole (a travel document). Filing them concurrently allows work and travel on those documents while the case is pending.
Phase 3: Biometrics, Work Permit, and Travel Document
After filing, USCIS mails receipt notices and schedules a biometrics appointment to capture your fingerprints and photo for background checks. USCIS issues the work permit and travel document on their own timelines, which you can monitor at the USCIS case status page using your receipt number.
Phase 4: Interview and Decision
Some employment-based adjustment cases require an in-person interview at a local USCIS field office, though USCIS waives many. If approved, USCIS issues an approval notice and mails your green card. Most employment-based applicants receive a 10-year permanent card with no conditions to remove later.
With Alma, you upload your documents into one secure platform, and a dedicated attorney prepares Form I-485 along with your work permit and travel document applications, checks them for consistency, and submits the package on your behalf, with every step trackable in real time.
What the 2026 Policy Changes Mean for You
Two 2026 developments affect adjustment-of-status applicants. Neither changes the underlying law, but both affect how filings are evaluated and timed.
A Discretionary Standard for Adjustment of Status
On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, which directs officers to treat adjustment of status under INA section 245(a) as a discretionary decision, a "matter of administrative grace," rather than an automatic entitlement even when every eligibility requirement is met. Adjustment of status has always been discretionary under the statute; the memo instructs officers to weigh the totality of the circumstances in each case.
DHS subsequently stated that the memo is applied case by case and is not a blanket policy change, and that the "extraordinary circumstances" phrasing used in public statements came from a USCIS press release rather than the memo text. Implementing guidance had not been issued as of June 2026, and the memo applies to INA 245(a) adjustment.
For Alma's audience, the practical points are:
- H-1B and L-1 dual-intent classifications remain compatible with adjustment. The memo notes that filing to adjust status is consistent with holding a status that allows dual intent.
- Single-intent categories may receive closer review. Applicants in categories built around a temporary stay may see more scrutiny.
- The memo emphasizes the totality of circumstances, including immigration history, maintained status, and tax compliance, considered at the time of filing.
The statute and eligibility requirements are unchanged, and USCIS continues to accept and approve I-485 filings.
The End of the 540-Day Automatic Work-Permit Extension
For EAD renewal applications filed on or after October 30, 2025, there is no longer an automatic extension of the work permit while the renewal is pending. Renewals timely filed before that date keep their up-to-540-day extension, a figure that had itself replaced an earlier 180-day extension. For those renewals, authorization ends on the printed expiration date unless USCIS approves the renewal first. Two points follow:
- USCIS accepts EAD renewal filings up to 180 days before expiration.
- H-1B and L-1 employees who maintain their status in parallel to filing for Adjustment of Status may continue working on that status regardless of the work-permit timeline.
Filing Fees for Form I-485 in 2026
USCIS fees are set in the published fee schedule. For a standard employment-based adjustment, the relevant amounts are:
- Form I-485: $1,440 for applicants 14 and older. A child under 14 filing together with a parent's I-485 pays a reduced fee of $950.
- Biometric services: included in the I-485 fee, with no separate charge.
- Form I-765 (work permit): $260 when filed together with, or while, a qualifying I-485 is pending.
- Form I-131 (Advance Parole): $630.
Filing the I-485, work permit, and travel document together for one adult therefore costs $2,330 in USCIS fees. These are government fees only and are separate from any attorney fee. Applicants whose I-485 was filed between July 30, 2007 and April 1, 2024 do not pay the separate $260 and $630 fees while their case is pending, because the work permit and travel document were filed without an added fee during that period.
How to Read the Visa Bulletin for Your I-485
The monthly Visa Bulletin controls when you can file and when you can be approved. For a deeper walkthrough, see Alma's guide to the USCIS Visa Bulletin.
Final Action Dates vs. Dates for Filing
The bulletin publishes two charts. Dates for Filing shows the earliest date you may submit your I-485. Final Action Dates shows when a green card can be approved. Each month, USCIS states on its filing charts page which chart adjustment applicants must use. For recent months in 2026, USCIS has designated the Final Action Dates chart for employment-based filings. Since this designation is made month by month, applicants must confirm the operative chart each month.
Why Your Country of Birth Matters
Each country is limited to 7% of the total annual preference-visa supply, prorated across categories. This creates long backlogs for applicants born in high-demand countries, especially India and China, in the EB-2 and EB-3 categories. Your priority date, usually the date your I-140 or labor certification was filed, marks your place in line, and a cutoff date can move backward (retrogress) when demand outpaces supply. If you were born in a backlogged country, your wait for visa availability can extend for years even after your I-140 is approved.
After You File: Travel, Work, and Job Changes
Working and Traveling While Your Case Is Pending
Once your employment authorization document is issued, you can work for any employer. For travel, leaving the U.S. without Advance Parole generally abandons your I-485, with one exception. If you hold valid H-1B or L-1 status (or are an H-4 or L-2 dependent), you can travel on that visa and return without abandoning your application. This is a notable feature of dual-intent status.
Changing Jobs Under AC21 Portability
If your I-485 has been pending 180 days or more, you may change employers or start your own business under AC21 portability, as long as the new role is in the same or a similar occupation as the job in your I-140. You confirm the change by filing Form I-485 Supplement J. After 180 days, even the employer withdrawing the approved I-140 does not undo your pending case.
What About Dependents?
Your spouse and your unmarried children under 21 can apply as derivatives, filing their own I-485 forms and qualifying for their own work permits and travel documents. Each derivative pays their own filing fees.
One 2026 change matters for a child approaching 21. As of August 15, 2025, USCIS calculates a child's age for Child Status Protection Act purposes using the Final Action Dates chart rather than the earlier Dates for Filing chart. Applications pending before that date continue under the prior calculation. Because final action dates generally fall later, fewer children lock in under-21 protection, and more may age out in backlogged categories.
Why Choose Alma for Your Adjustment of Status
Read Alma client success stories from researchers, founders, and professionals who reached permanent residence.
Alma is an attorney-led, technology-enabled immigration platform built for high-skilled talent and the companies that sponsor them. For the adjustment stage, Alma offers flat per-case pricing:
- Adult AOS bundle (I-485, I-765, I-131): $2,000
- Child under 14 AOS bundle (I-485, I-131): $1,500
- Child under 14 AOS bundle (I-485, I-765, I-131): $2,000
- Consular green card: $2,500
- Work-permit renewal based on pending adjustment: $1,500
- Advance Parole renewal: $1,500
Per Alma's pricing terms, the case fee covers attorney expertise, paralegal support, platform access, compliance tracking, employee communication, administrative costs such as shipping and printing, up to three consultation calls per matter, and any response to a Request for Evidence. USCIS filing fees and third-party costs such as medical exams or translations are billed separately. For businesses, Alma offers a 50/50 payment plan, volume discounts, and preferred rates for portfolio companies of partners such as Y Combinator, Techstars, and Pear VC.
Schedule a consultation to map your adjustment-of-status timeline with an experienced attorney.
Frequently Asked Questions
USCIS publishes current estimates in its processing times tool. The posted figure is uniform for a given form and category and reflects the time to complete 80 percent of cases over the prior six months, so it no longer varies by field office. Premium processing is not available for the I-485, and the posted times change monthly.
Yes, if your priority date is current under the chart USCIS designates for that month, you can file your I-140 and I-485 concurrently. Concurrent filing starts your adjustment timeline sooner and lets you apply for a work permit and travel document right away. If your priority date is not current, you file the I-140 first and submit the I-485 later once a visa becomes available. Applicants born in backlogged countries such as India and China usually cannot file concurrently.
The May 2026 USCIS memo did not change the statute or eligibility requirements, and USCIS continues to adjudicate and approve adjustment applications. It directs officers to apply discretionary review on a case-by-case basis, and DHS has stated that it is not a blanket policy change. Dual-intent H-1B and L-1 status remains compatible with adjustment.
For renewals filed on or after October 30, 2025, there is no automatic extension, so your authorization ends on the card's expiration date unless USCIS approves the renewal first. USCIS accepts renewal filings up to 180 days before expiration. If you maintained active H-1B or L-1 status in parallel to your adjustment of status application, you can continue working on that status regardless of the work-permit timing.
Per Alma's pricing, the flat case fee covers attorney and paralegal work, platform access, compliance tracking, consultation calls, and any Request for Evidence response. The adult bundle covering Form I-485, the work permit, and the travel document is $2,000. USCIS filing fees and third-party costs such as the medical exam are billed separately.


